Legal Opinion

In re Estate of Gable

Supreme Court of Iowa

Decided January 30, 1890PublishedCited by 16 opinions

Appeal from Tama District Court. — Hon. S. H. Fairall, Judge. The heirs, legatees and devisees of John S. Gable, deceased, filed their petition in the district court of Tama county, sitting as a court of probate, praying that the executor of the estate of said deceased, appointed by said court, be ordered to make distribution of the assets in his hands, as required by the will of the testator. An order, as prayed for by the petition, was made.

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Appeal from Tama District Court. — Hon. S. H. Fairall, Judge. The heirs, legatees and devisees of John S. Gable, deceased, filed their petition in the district court of Tama county, sitting as a court of probate, praying that the executor of the estate of said deceased, appointed by said court, be ordered to make distribution of the assets in his hands, as required by the will of the testator. An order, as prayed for by the petition, was made. Administrators of the estate, appointed in proceedings in Pennsylvania, claimed to be the principal administration, intervene, claiming the assets…

1Opinion of the CourtBeck, J.

I. There is no dispute as to the controlling facts in the case. Indeed, there is no real controversy as to any of the facts, the dispute arising wholly upon the law as applicable to the facts. Briefly stated, but with sufficient fulness, the facts in the case demanding consideration are these: John S. Gable, always a resident of Pennsylvania, died in that state August 11, 1881. He owned property in Pennsylvania and lands of great value in Iowa, some of them situate in Tama county. He was at the time of his death largely indebted, and, as it now appears, was insolvent, the assets of his estate…

2Cases cited7 opinions

  1. Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
  2. Green v. RugelyTexas Supreme Court · 1859
  3. Spraddling v. PipkinSupreme Court of Missouri · 1851
  4. Childress v. BennettSupreme Court of Alabama · 1846
  5. Chamberlin v. WilsonSupreme Court of Iowa · 1876

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

3Cited by16 opinions

  1. Dow v. LillieNorth Dakota Supreme Court · 1914
  2. In re Estate of SanfordSupreme Court of Iowa · 1919
  3. Smith v. SmithIllinois Supreme Court · 1898
  4. State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
  5. In Re Estate of LeeSupreme Court of Iowa · 1949

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