Ellyson v. Lord
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. W. H. McHenry, Judge. Action by plaintiff, as administrator, against the defendant Lord, his predecessor as administrator, and the other defendants as sureties on Lord’s bond, to recover the assets of the estate for which Lord has not accounted. No defense was made in behalf of Lord.
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Appeal from Polk District Court.— Hon. W. H. McHenry, Judge. Action by plaintiff, as administrator, against the defendant Lord, his predecessor as administrator, and the other defendants as sureties on Lord’s bond, to recover the assets of the estate for which Lord has not accounted. No defense was made in behalf of Lord. There was a trial to a jury on the issues raised by the answer of the sureties, and judgment was rendered in favor of plaintiff on a directed verdict for the amount of the bond on which defendants were sureties, four thousand dollars, with six per cent, interest from the…
1Opinion of the CourtMcClain, J.
Harriet L. Brainard died in 1892, leav*127ing a will, which was duly probated, by the provisions of which the executor was directed, after paying claims against the estate, to give to Andrew Brainard, brother of testatrix, an annuity of three hundred dollars, and to Kate Wood, a sister of testatrix, an annuity of one hundred dollars; and to divide the balance of the estate, after the death of the annuitants, between George A. Brainard and Louisa Dallas, brother and sister, respectively, of testatrix. It was further provided in the will that the executors should “ set apart and safely invest such…
2Cases cited38 opinions
- Beall v. New MexicoSupreme Court of the United States · 1873
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- Bellinger v. ThompsonOregon Supreme Court · 1894
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3Cited by30 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Des Moines Savings Bank v. KrellSupreme Court of Iowa · 1916
- In Re Estate of CarpenterSupreme Court of Iowa · 1930
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