Legal Opinion

Shivvers v. Mueller

Supreme Court of Iowa

Decided November 23, 1983No. 68315PublishedCited by 10 opinions

1Opinion of the Court

HARRIS, Justice.

The question is whether a claim was presented too late to be considered as a part of probate proceedings. The trial court thought so and we agree. We accordingly vacate a contrary decision of the court of appeals.

Ralph Shivvers died testate in December 1977. The bulk of his will left his property to an only daughter and her children. The daughter and her husband are executors of the estate. Notice of probate was duly published and the period for filing claims expired July 3, 1978. See Iowa Code § 633.410.

Without first obtaining a court order authorizing them to do so, the…

2Cases cited6 opinions

  1. Washington v. DavisSupreme Court of the United States · 1976
  2. Carlson v. Bankers Trust Co.Supreme Court of Iowa · 1951
  3. Zeman v. Canton State BankSupreme Court of Iowa · 1973
  4. In Re Estate of ConnerSupreme Court of Iowa · 1948
  5. Rick v. BoegelSupreme Court of Iowa · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In Re the Marriage of ZabeckiSupreme Court of Iowa · 1986
  2. Bokhoven v. KlinkerSupreme Court of Iowa · 1991
  3. Irving v. StateSupreme Court of Iowa · 1995
  4. State v. SaulsSupreme Court of Iowa · 1986
  5. State v. LucasSupreme Court of Iowa · 1985

5 more not listed; retrieve them via the Exa API.

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