Miner, Beal & Hackett v. Austin
Supreme Court of Iowa
Appeal from Linn Circuit Court. The defendant’s intestate died jn Cook county, 111., and letters of administration were issued there upon his estate. He left property, however, in Linn county, Iowa, to the arqonnt of about $6,000, and letters of administration were issued there.
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Appeal from Linn Circuit Court. The defendant’s intestate died jn Cook county, 111., and letters of administration were issued there upon his estate. He left property, however, in Linn county, Iowa, to the arqonnt of about $6,000, and letters of administration were issued there. The plaintiffs have a claim against the • estate to the amount of about $60,000, which claim was filed and.allowed in the Probate Court of Cook county, 111., the forum of the principal or domiciliary administration, and they now ask for an allowance of the same claim in the Circuit Court of Linn county, Iowa, the…
1Opinion of the CourtAdams, J.
1. adminisciliary admin-rights of nonresident credHors. The plaintiffs’ claim was resisted and disallowed on the ground that the Iowa creditor was entitled to be paid in full by the ancillary administrator as against non-resident creditors whose claim had already been filed and allowed in the court of the principal . . . T „... 1 administration. In support of this view our attention is called by counsel for the appellee to the case of Dawes v. Head, 3 Pick., 128, and especially to the following words: “ The current opinion of the different courts of the United States is strongly in favor of…
2Cases cited2 opinions
- Dawes v. BoylstonMassachusetts Supreme Judicial Court · 1812
- Hunt v. FaySupreme Court of Vermont · 1835
3Cited by4 opinions
- O'Connor v. RootSupreme Court of Iowa · 1906
- Lewis v. RutherfordSupreme Court of Arkansas · 1903
- Ramsay v. RamsayIllinois Supreme Court · 1902
- Ramsay v. RamsayAppellate Court of Illinois · 1901