Legal Opinion

In re the Estate of Davenport

Supreme Court of Iowa

Decided May 18, 1892PublishedCited by 8 opinions

Appeal from Scott District Court. — Hon. 0. M. . Waterman, Judge. This appeal is by the claimants from an order sustaining a motion of Naomi and Kitty Davenport, heirs-at-law of Sarah G. Davenport, deceased, to set aside a former order establishing and allowing certain claims against the estate of Sarah Gr. Davenport, and setting the same down for further hearing upon their merits. Sarah Gr.

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Appeal from Scott District Court. — Hon. 0. M. . Waterman, Judge. This appeal is by the claimants from an order sustaining a motion of Naomi and Kitty Davenport, heirs-at-law of Sarah G. Davenport, deceased, to set aside a former order establishing and allowing certain claims against the estate of Sarah Gr. Davenport, and setting the same down for further hearing upon their merits. Sarah Gr. Davenport was guardian of her son, George A. Davenport, an insane person, now deceased. M. D. Snyder was appointed administrator of both estates, and in February, 1889, filed claims against the estate of…

1Opinion of the CourtGiven, J.

The contention of appellants is that the court erred in setting aside the order allowing and *295establishing the claims in question. It is urged in argument that the appellees have no right to question those allowances by an application for a readjudication thereof. McLeary v. Doran, 79 Iowa, 210, is relied upon. That case is widely different in its facts from the one under consideration. There the only reason assigned by the heirs for a further hearing on the claim was that it had not been filed and proven within the time allowed by law. No other defense was shown against the claim. In the…

2Cases cited1 opinion

  1. McLeary v. DoranSupreme Court of Iowa · 1890

3Cited by8 opinions

  1. Ryan v. HutchinsonSupreme Court of Iowa · 1913
  2. Essex v. DouglasSupreme Court of Iowa · 1908
  3. In Re Estate of SmithSupreme Court of Iowa · 1949
  4. In Re Estate of NicholsonSupreme Court of Iowa · 1941
  5. Estate of Rabbett v. ConnollySupreme Court of Iowa · 1912

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