Tucker v. Stewart
Supreme Court of Iowa
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…
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