Legal Opinion

Ashlock v. Sherman

Supreme Court of Iowa

Decided June 14, 1881PublishedCited by 6 opinions

Appeal from linn Ci/rcuit Court. It is averred in the petition that the plaintiff is the widow of James Ashloek, deceased, and that the defendants are his heirs and devisees under his will; that said will was admitted to probate in 1877, and that by the provisions thereof there was bequeathed to the plaintiff a proper allowance for her maintenance during her life; that in June, 1878, the proper application having been made therefor, the court made an order granting the…

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Appeal from linn Ci/rcuit Court. It is averred in the petition that the plaintiff is the widow of James Ashloek, deceased, and that the defendants are his heirs and devisees under his will; that said will was admitted to probate in 1877, and that by the provisions thereof there was bequeathed to the plaintiff a proper allowance for her maintenance during her life; that in June, 1878, the proper application having been made therefor, the court made an order granting the plaintiff the sum of $500 of the moneys belonging to said estate, “to be invested in the purchase of an annuity, properly…

1Opinion of the CourtRothbook, J.

1. practice : oeeíBugs^aémurrer. I. The Circuit Court has exclusive jurisdiction of t¿e probate of wills and the settlement of estates. Code, § 2312. It also has general original jurisdiction in all civil cases. The subject-matter 0p this proceeding should have been entitled as in probate, and not as an original action in equity. It was a matter pertaining to the settlement of an estate, and the relief sought was a modification of an order in probate. But, by section 2513, it is provided that an error as to the kind of proceedings adopted in the action is waived by a failure to move for its…

2Cases cited1 opinion

  1. Conyngham v. SmithSupreme Court of Iowa · 1864

3Cited by6 opinions

  1. Jennings v. SchmitzSupreme Court of Iowa · 1945
  2. Hoy v. HeaverSupreme Court of Iowa · 1915
  3. Niemand v. SeemannSupreme Court of Iowa · 1907
  4. First National Bank v. GreenSupreme Court of Iowa · 1882
  5. Kitteringham v. Blair Town Lot & Land Co.Supreme Court of Iowa · 1885

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