Bentley & Olmstead v. Starr
Supreme Court of Iowa
Appeal from Floycl District Court. — Hon. Clieborp P. Smith, Judge. This is a proceeding to establish a claim against the estate of S. H. Starr, deceased. Cornie A. Starr was appointed administratrix of the estate June 5, 1897, and immediately gave notice of her appointment as required by law.
Read the full summary
Appeal from Floycl District Court. — Hon. Clieborp P. Smith, Judge. This is a proceeding to establish a claim against the estate of S. H. Starr, deceased. Cornie A. Starr was appointed administratrix of the estate June 5, 1897, and immediately gave notice of her appointment as required by law. Plaintiffs did not file their claim until the 2d day of November, 1899. They relied upon certain equitable circumstances to relieve them from the statutory requirement that they file their claim within one year from the time the administratrix gave notice of her appointment. The trial court held their…
1Opinion of the Court
Deemer, O. J.
Our statutes provide, in substance, that all claims not filed and allowed within twelve months from the time the administrator gives notice of his appointment will be barred, unless peculiar circumstances entitle the claimant to equitable relief. Code, section 3349. This equitable relief will not be extended to one who has been negligent in presenting his claim. Ferrall v. Irvine, 12 Iowa, 52; Lacey v. Loughridge, 51 Iowa, 629; Schlutter v. Dahling, 100 Iowa, 515. The evidence shows, without dispute, that plaintiffs had notice of Starr’s death as early as January 19, 1898. They…
2Cases cited3 opinions
- Schlutter v. DahlingSupreme Court of Iowa · 1897
- Ferrall v. IrvineSupreme Court of Iowa · 1861
- Lacey v. LoughridgeSupreme Court of Iowa · 1879
3Cited by9 opinions
- Anderson v. StorieSupreme Court of Iowa · 1929
- Peterson v. JohnsonSupreme Court of Iowa · 1927
- Chicago & Northwestern Railway Co. v. MossSupreme Court of Iowa · 1930
- Lucas v. RudenSupreme Court of Iowa · 1935
- First Trust Joint Stock Land Bank v. TerbellSupreme Court of Iowa · 1934
4 more not listed; retrieve them via the Exa API.