Herring v. Estate of Herring
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. J. M. Casey, ' Judge. This is a proceeding in probate by which the plaintiff seeks to establish a claim against the estate of Sophia Herring, deceased. The First Methodist Episcopal .Church of Ft. Madison is the principal legatee under the will of the deceased, and it appeared to the proceeding, and resisted the claim of the plaintiff. ■ There was a trial by jury, which resulted in a verdict and judgment for the plaintiff.
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Appeal from Lee District Court. — Hon. J. M. Casey, ' Judge. This is a proceeding in probate by which the plaintiff seeks to establish a claim against the estate of Sophia Herring, deceased. The First Methodist Episcopal .Church of Ft. Madison is the principal legatee under the will of the deceased, and it appeared to the proceeding, and resisted the claim of the plaintiff. ■ There was a trial by jury, which resulted in a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the Court
ftotkuock, J.
I. As we understand the record, 'the deceased was the widow of a brother of the plaintiff. Be was executor of her will, and when he filed his claim against the estate he petitioned the court to appoint a temporary executor to act upon the claim. After the First Methodist Church filed its answer in denying andi contesting the claim, it was agreed in open court that *57no temporary executor should be appointed^ and the matter was set down for trial on the claim of the plaintiff, the answer thereto by the said church, and the “denial of plaintiff’s claim by law.” This last part of the…
2Cases cited3 opinions
- Cowan v. MusgraveSupreme Court of Iowa · 1887
- Peck v. MckeanSupreme Court of Iowa · 1876
- Wilson v. WilsonSupreme Court of Iowa · 1879
3Cited by13 opinions
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- Pancoast v. EldridgeSupreme Court of Oklahoma · 1932
- Sheldon v. ThornburgSupreme Court of Iowa · 1912
- Olson v. OlsonSupreme Court of Iowa · 1951
- In Re Estate of KahlSupreme Court of Iowa · 1930
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