Gault v. Sickles
Supreme Court of Iowa
Appeal from, the Audubon District Court. — Hon. George ‘ Carson, Judge. The defendant was administrator of the estate of Elizabeth C. Seavey, deceased. The plaintiff held a claim against the estate amounting to, four hundred dollars. It appears that there is now no property or money of said estate which can be appropriated to the payment of the claim of the plaintiff.
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Appeal from, the Audubon District Court. — Hon. George ‘ Carson, Judge. The defendant was administrator of the estate of Elizabeth C. Seavey, deceased. The plaintiff held a claim against the estate amounting to, four hundred dollars. It appears that there is now no property or money of said estate which can be appropriated to the payment of the claim of the plaintiff. This action was brought to recover the plaintiff’s claim of the defendant; upon the ground that he was negligent in not applying to sell certain real estate to pay the debts against the estate, and that he fraudulently permitted…
1Opinion of the CourtBothrock, J.
I. A question was made whether the claim of the plaintiff was allowed as a valid claim against the estate. It appears that it was allowed by the defendant as-administrator, but there was a question whether the allowance was approved by the court. The plaintiff made an application for a nunc pro tunc *268order of allowance, and the order was made. The defendant appealed from this order, and it was affirmed. See 48 N. W. Rep. 924. This disposes of all question as to the validity of the claim. It must he regarded as valid and collectible, if any one is liable for its payment.
II. The defendant was…
2Cases cited1 opinion
- In re the Estate of SeaveySupreme Court of Iowa · 1891
3Cited by4 opinions
- In Re Estate of StratmanSupreme Court of Iowa · 1942
- Fritz v. Chicago Grain & Elevator Co.Supreme Court of Iowa · 1907
- Kimball Bros. v. Citizens Gas & Electric Co.Supreme Court of Iowa · 1908
- Hicks v. WilliamsSupreme Court of Iowa · 1901