Estate of Parks v. Parks
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. C. W. Vermillion, Judge. Action by the plaintiff against the administratrix of the estate of Oliver A. Parks, to recover an amount equal to the full net value of the estate over and above the claims of creditors and the costs of administration. The claim is based upon an alleged verbal contract, whereby the decedent, for a consideration, agreed to devise and bequeath to plaintiff all of his property.
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Appeal from Monroe District Court. — Hon. C. W. Vermillion, Judge. Action by the plaintiff against the administratrix of the estate of Oliver A. Parks, to recover an amount equal to the full net value of the estate over and above the claims of creditors and the costs of administration. The claim is based upon an alleged verbal contract, whereby the decedent, for a consideration, agreed to devise and bequeath to plaintiff all of his property. It is averred that the net value of the personal property is $1,440.65, and of the real estate is $1,000. The amount demanded in the petition is…
1Opinion of the CourtEvans, J.
The decedent, Oliver A. Parks, died unmarried and intestate, and leaving no issue. He was survived by his mother, Millie Jane Parks, as his sole heir. She was duly appointed administratrix of his estate. He left personal property of the net value of $1,440.65 over and above all debts and charges, and real estate of the value of $1,000. Prior to the filing of this claim in probate, or the beginning of this action, the plaintiff instituted a suit against Mrs. Parks, the mother, in her individual capacity, to recover the real estate left by the decedent. That suit resulted in a decree adverse to…
2Cases cited5 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Woodward v. JacksonSupreme Court of Iowa · 1892
- Black v. MillerSupreme Court of Iowa · 1912
- School Township v. Independent School DistrictSupreme Court of Iowa · 1907
- In re DilleSupreme Court of Iowa · 1903
3Cited by10 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SchendelSupreme Court of the United States · 1926
- Keith v. Willers Truck ServiceSouth Dakota Supreme Court · 1936
- Vaughn's Adm'r v. Louisville N. R. Co., Etc.Court of Appeals of Kentucky (pre-1976) · 1944
- Estate of ClarkCalifornia Supreme Court · 1923
- Williams v. Southern Pacific Co.California Court of Appeal · 1921
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