In re Estate of Petranek
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. L. Cr. Kinne, Judge. Petition in probate to compel payment of a legacy. In the last will and testament of Albert Petranek, deceased, it is provided among other things as follows : "I hereby give, devise and bequeath to Franz Sevcik and Fred.
Read the full summary
Appeal from Tama District Court. — Hon. L. Cr. Kinne, Judge. Petition in probate to compel payment of a legacy. In the last will and testament of Albert Petranek, deceased, it is provided among other things as follows : "I hereby give, devise and bequeath to Franz Sevcik and Fred. Huble, in trust for the benefit of the* Catholic church on my farm in Tama county, Iowa, the sum of eight hundred dollars, and hereby direct that they or their successors shall invest said money safely for the benefit of said church, and that services be held in said church for my soul yearly.” Yencel Ulch, Joseph…
1Opinion of the CourtGiven, J.
I. The only question presented in argument is whether thé district court had authority to remove Huble and Sevcik, and appoint the petitioners. Appellant’s contention is that Huble and Sevcik are not trustees, but legatees, and therefore the court had no authority to remove them, nor to designate others to occupy their place, under the will. In Perry v. Drury, 56 Iowa, 60, the will under notice contained bequests to the “trustees of funds and donations for the diocese of Iowa,” and to the “bishop of the diocese of Iowa,” in which it is expressed as being “in trust” for purposes named. In the…
2Cases cited2 opinions
- Seda v. HubleSupreme Court of Iowa · 1888
- Perry v. DrurySupreme Court of Iowa · 1881
3Cited by2 opinions
- In re Trusteeship of ClarkSupreme Court of Iowa · 1915
- Watland v. GoodSupreme Court of Iowa · 1920