Brewster v. Kendrick
Supreme Court of Iowa
Appeal from Muscatine District Court. ADMINISTRATION was granted to the defendant, as the administratrix of the estate of her deceased husband, Andrew D. Kendrick, in May, 1857, and notice of her appointment was given in the latter part of the same month by due publications in the newspapers.
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Appeal from Muscatine District Court. ADMINISTRATION was granted to the defendant, as the administratrix of the estate of her deceased husband, Andrew D. Kendrick, in May, 1857, and notice of her appointment was given in the latter part of the same month by due publications in the newspapers. On the 2d of July, 1860, plaintiff filed his claim against the said estate, founded upon a note and mortgage made by the decedent in the spring of 1855. The court below, affirming the judgment of the County Court, held that, though the claim was filed more than eighteen months after the giving of the…
1Opinion of the Court
Weight, Ch. J.
Two questions are made: First, Was plaintiff’s claim barred in the light of the statute, § 2405; and, Second, If not barred, could he properly be let in as a third class creditor. The statute, after providing for the payment of certain preferred debts against the estate of a decedent, directs that other demands are payable in the following order:
1. Debts entitled to a preference under the laws of the United States;
2. Public rates and taxes;
8. Claims filed within six months after the notice given by the executors of their appointment;
4. All other debts.
And then follows § 2405,…
2Cited by26 opinions
- Sankey v. CookSupreme Court of Iowa · 1891
- Nichols v. HarshSupreme Court of Iowa · 1926
- Groves v. DonohueSupreme Court of Iowa · 1962
- Craig v. Estate of CraigSupreme Court of Iowa · 1914
- Federal Land Bank v. BonnettSupreme Court of Iowa · 1939
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