Legal Opinion

Tucker v. Stewart

Supreme Court of Iowa

Decided October 31, 1903PublishedCited by 40 opinions

Appeal from Dubuque District Oourt. — HoN. Fred O’DoN-Nell, Judge. The defendant, Stewart, was appointed administrator with the will annexed of the estate of John TL Floyd, deceased, June 27, 1885, and was discharged upon final report April 11, 1$90. According to this report, plaintiff and Birdena and Olive Tucker were entitled to 110,681.92 under the will, of which $8,243.46 had already been paid to their guardian, L. E. Tucker, appointed such December 11, 1889. As a part…

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Appeal from Dubuque District Oourt. — HoN. Fred O’DoN-Nell, Judge. The defendant, Stewart, was appointed administrator with the will annexed of the estate of John TL Floyd, deceased, June 27, 1885, and was discharged upon final report April 11, 1$90. According to this report, plaintiff and Birdena and Olive Tucker were entitled to 110,681.92 under the will, of which $8,243.46 had already been paid to their guardian, L. E. Tucker, appointed such December 11, 1889. As a part of such'prior payment, the administrator had executed to the guardian his note of $6,000, dated January 2, 1890, payable…

1Opinion of the Court

Bishop, O. J.

i. vacation of ment-The appellee insists that this action ought to have been'brought in the probate court. Dnder chapter 134, page 154, section 7, of the Acts of the Twenty-First General Assembly, now section 225 of the Code, the district court was given jurisdiction in all matters of probate. While proceedings in probate are to be distinguished - from others, the court in which they are had is the same. Steiner v. Lenz, 110 Iowa, 49; Hendron v. Kinner, 110 Iowa, 544; Arnold v. Spates, 65 Iowa, 570. Besides, this is a suit m equity, and as such maintainable in a court having…

2Cases cited21 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Griffith v. GodeySupreme Court of the United States · 1885
  3. Clark v. KnoxSupreme Court of Alabama · 1881
  4. Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
  5. Bunce v. BunceSupreme Court of Iowa · 1882

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

3Cited by40 opinions

  1. Graves v. GravesSupreme Court of Iowa · 1906
  2. Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1910
  3. Ryan v. HutchinsonSupreme Court of Iowa · 1913
  4. City of Chariton v. JC Blunk Construction CompanySupreme Court of Iowa · 1962
  5. Scheel v. Superior Manufacturing Co.Supreme Court of Iowa · 1958

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

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