Moylan v. Dewan
Supreme Court of Iowa
Appeal from, Carroll District Court. — Hon. Z. A. Church, Juds'e. This is a controversy over the distribution of an estate. The administratrix filed a report and asked an order of the court directing her in the distribution thereof. She also averred that one Catherine Carroll, a minor, claimed to be an heir at law of the decedent and that such claim was doubtful, and she asked that the said Catherine Carroll be required to establish her relationship by proper proof.
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Appeal from, Carroll District Court. — Hon. Z. A. Church, Juds'e. This is a controversy over the distribution of an estate. The administratrix filed a report and asked an order of the court directing her in the distribution thereof. She also averred that one Catherine Carroll, a minor, claimed to be an heir at law of the decedent and that such claim was doubtful, and she asked that the said Catherine Carroll be required to establish her relationship by proper proof. After a hearing on the merits the trial court found that Catherine Carroll was an heir of the decedent, and ordered distribution…
1Opinion of the CourtEvans, J.
The argument on behalf of appellant has extended quite beyond the issues presented in the pleadings and tried' in the court below. Bridget Moylan was ap-. pointed administratrix of the estate of her deceased brother, James Carroll, who died in 1905. So far as known 'to any of his relatives he was unmarried and childless. He left an estate consisting wholly of moneys amounting to $2,317. The administratrix .filed a report showing expenditures which left a balance in her hands of $1,674.24. She averred that out of this sum the collateral inheritance tax was yet to be paid. She also averred that…
2Cases cited1 opinion
- Alston v. AlstonSupreme Court of Iowa · 1901
3Cited by11 opinions
- In Re Estate of ConnerSupreme Court of Iowa · 1948
- In Re Estate of ClarkSupreme Court of Iowa · 1940
- In Re Estate of FreySupreme Court of Iowa · 1929
- Allemang v. WhiteSupreme Court of Iowa · 1941
- Mealey v. ScottSupreme Court of Iowa · 1951
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