Legal Opinion

Shick v. Howe

Supreme Court of Iowa

Decided February 14, 1908PublishedCited by 25 opinions

Appeal from Dallas District Court.— Hon. Edmund Nichols, Judge. Elias Cadwell died intestate April 10, 1904, and Leander E. Cardell was duly appointed administrator of his estate. In due time he filed a list of heirs and a petition praying for an order of distribution. One Sally W. Howe, a niece of deceased, had she survived him, would have been entitled to 12/1344 of the estate. She left three children, Iola B. Guppy, Rhoda B. Cottle and Demetrius C. Howe.

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Appeal from Dallas District Court.— Hon. Edmund Nichols, Judge. Elias Cadwell died intestate April 10, 1904, and Leander E. Cardell was duly appointed administrator of his estate. In due time he filed a list of heirs and a petition praying for an order of distribution. One Sally W. Howe, a niece of deceased, had she survived him, would have been entitled to 12/1344 of the estate. She left three children, Iola B. Guppy, Rhoda B. Cottle and Demetrius C. Howe. Iola B. Guppy died before the intestate, but- left her surviving a daughter of the same name and Mabel Rhoda Shick, and no question is…

1Opinion of the CourtLadd, C. J.

1. Inheritance by adoted child: what Law governs. Had Demetrius C. Howe, a son of the niece of deceased, survived him, he would have inherited 4/1344 of the estate. He died without issue shortly before the death of the intestate, though leaving a daughter by adoption. Is she entitled to the share in the estate her foster father would have taken had he survived the deceased? Demetrius C. Howe was a resident of New York, and the adoption was in compliance with the laws of that State. The domicile of both adoptive parent and child was there, and for this reason the laws of New York fix their…

2Cases cited16 opinions

  1. Ross v. RossMassachusetts Supreme Judicial Court · 1880
  2. Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
  3. Van Matre v. SankeyIllinois Supreme Court · 1893
  4. Estate of WinchesterCalifornia Supreme Court · 1903
  5. Helms v. ElliottTennessee Supreme Court · 1890

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

3Cited by25 opinions

  1. Bradley v. TweedyWisconsin Supreme Court · 1925
  2. Calhoun v. BryantSouth Dakota Supreme Court · 1911
  3. Holmes v. CurlSupreme Court of Iowa · 1920
  4. Riley v. DaySupreme Court of Kansas · 1913
  5. In Re Estate of ClarkSupreme Court of Iowa · 1940

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

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