Lippert v. Lippert
Supreme Court of Iowa
Appeal from Dubuque District Court. — IIon. I. L. Hustep, Judge. The defendant Henry Lippert is executor of the last will of Anna Marie Lippert, deceased. In'the first case the matters involved may be stated as follows: Plaintiffs are legatees under said will.
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Appeal from Dubuque District Court. — IIon. I. L. Hustep, Judge. The defendant Henry Lippert is executor of the last will of Anna Marie Lippert, deceased. In'the first case the matters involved may be stated as follows: Plaintiffs are legatees under said will. The executor filed his final report, and, under order of court to make distribution, tendered to each of the plaintiffs 93 per cent, of the amount of the legacy ' bequeathed; • at the same time making a showing that these payments would exhaust the assets of the estate. This action was then brought. The first two counts of the petition…
1Opinion of the CourtWaterman, J.
1 These two actions were submitted 'together, and may be disposed of in one opinion. There is .no evidence to sustain tbe claim for damages made in tbe •third and fourth counts of tbe petition. Tbe failure of tbe •executor to have certain promissory notes appraised would not warrant a judgment against him, unless it be made to appear that tbe estate was in some way injured thereby. We cannot assume that it was. No evidence was offered to show tbe probable value of tbe ■equity of redemption which it is said, in tbe fourth count, tbe executor should have bad sold. Tbe argument is made that…
2Cases cited2 opinions
- Crawford v. BergenSupreme Court of Iowa · 1894
- Harwood v. LeeSupreme Court of Iowa · 1892
3Cited by2 opinions
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- In Re Estate of SmithSupreme Court of Iowa · 1937