Legal Opinion

Ryan v. Hutchinson

Supreme Court of Iowa

Decided October 23, 1913PublishedCited by 33 opinions

Certiorari to Cherokee District Court. — Hon. ¥m. Hutchinson, Judge. - Original proceedings in this court to review the action of the district court in passing upon certain objections filed by W. W. Morrow, Treasurer of State, to tbe final report of one Campbell, executor of the estate of Patrick F. Ryan, deceased, and to the discharge of the said executor. The trial court sustained the objections, and time was given to file a bill of exceptions.

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Certiorari to Cherokee District Court. — Hon. ¥m. Hutchinson, Judge. - Original proceedings in this court to review the action of the district court in passing upon certain objections filed by W. W. Morrow, Treasurer of State, to tbe final report of one Campbell, executor of the estate of Patrick F. Ryan, deceased, and to the discharge of the said executor. The trial court sustained the objections, and time was given to file a bill of exceptions. No bill was filed, and the executor did not appeal. Instead, plaintiff herein sued out a writ of certiorari, claiming that the district court was…

1Opinion of the CourtDeemer, J.

From the defendants’ return to the writ, which must be accepted as correct, we extract the following facts deemed material to the solution of the problems involved:

Patrick F. Ryan died testate some time in the year 1908. His will was executed August 18,1905, and was duly admitted to probate on March 25, 1908. After directing that all debts be paid, testator bequeathed the sum of $100 to each of two nieces, and the remainder of his estate, of whatever kind or nature, was devised to Ellen Ryan,, his sister. This sister goes by the name of Nellie Ryan, and is the plaintiff in this action.…

2Cases cited30 opinions

  1. Tucker v. StewartSupreme Court of Iowa · 1903
  2. Dorris v. MillerSupreme Court of Iowa · 1898
  3. Hawkeye Ins. v. DuffieSupreme Court of Iowa · 1885
  4. Essex v. DouglasSupreme Court of Iowa · 1908
  5. Abney v. ClarkSupreme Court of Iowa · 1893

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3Cited by33 opinions

  1. Jennings v. SchmitzSupreme Court of Iowa · 1945
  2. Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
  3. Leighton v. LeightonSupreme Court of Iowa · 1922
  4. Bettendorf v. BettendorfSupreme Court of Iowa · 1920
  5. In Re Estate of HarshSupreme Court of Iowa · 1928

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