Erwin v. Fillenwarth
Supreme Court of Iowa
Appeal from Hancock District Court. — Hon. C. H. Kelley, Judge. Action by tbe administrator of the estate of Peter Fillenwarth to recover certain property of decedent, alleged to have been appropriated by defendant, and also the amount owing on certain notes, alleged to have been executed by the latter to decedent. Judgment was entered as prayed, from which defendant appeals.
1Opinion of the CourtLadd, J.
Peter Fillenwarth died, testate, April 10, 1908. His will, which wras duly admitted to probate, bequeathed $5 each to his sons, Frank and John, and his daughter, Caroline, and directed that a fourth of the residue be given to each of the above-named children, and the remaining fourth to Floyd and Leland, sons of Peter Fillenwarth, Jr. He had distributed to these and others of his children nearly $40,000 prior to his death, and some securities reached the hands of the administrator with the will annexed, who brought this suit against John Fillenwarth, a son of deceased, alleging in counts 1…
2Cases cited37 opinions
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Tucker v. StewartSupreme Court of Iowa · 1903
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
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3Cited by23 opinions
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- In Re Estate of HellerSupreme Court of Iowa · 1943
- Kauffman v. LoganSupreme Court of Iowa · 1919
- Anderson v. SchwitzerSupreme Court of Iowa · 1945
18 more not listed; retrieve them via the Exa API.