Legal Opinion

Milburn v. East

Supreme Court of Iowa

Decided April 4, 1905PublishedCited by 9 opinions

Appeal from Hamilton District Court.— Hon. J. H. Whit-taker, Judge. Petition in probate by plaintiff, as administrator of Priscilla Emerson, deceased, to sell certain real estate for tbe purpose of paying claims against her estate. Tbe defendants, claiming adversely to tbe title alleged to be in Priscilla Emerson, resisted tbe application. The case was tried by .consent as in equity, and decree was rendered ordering tbe sale of tbe property, from which defendants appeal.—

1Opinion of the CourtMcClain, J.

'Priscilla Emerson died, in 1898, having been for several years a widow. She left surviving ber, as heirs, Lorena May East and John Ilerscbel East, the children of ber deceased daughter, Eva May East, and ber surviving husband, John II. East, who is also a defendant in this action. In 1899 plaintiff was appointed administrator of tbe estate of Priscilla Emerson, and served due notice of bis appointment. Within 12 months, claims to tbe amount of $1,200 were filed, proven and allowed against tbe estate. Put the personal property was of small amount, and- insufficient to pay tbe costs of…

2Cases cited9 opinions

  1. Beckett v. SeloverCalifornia Supreme Court · 1857
  2. Stone v. WoodIllinois Supreme Court · 1854
  3. Hopkins v. StoutCourt of Appeals of Kentucky · 1869
  4. McCrary v. TaskerSupreme Court of Iowa · 1875
  5. Mason v. BairIllinois Supreme Court · 1864

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3Cited by9 opinions

  1. In Re Estate of SmithSupreme Court of Iowa · 1949
  2. Corbin v. McAllisterSupreme Court of Iowa · 1909
  3. Estate of Rabbett v. ConnollySupreme Court of Iowa · 1912
  4. Thomas v. HughSupreme Court of Kansas · 1909
  5. In re Estate of PittSupreme Court of Iowa · 1911

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