Johnson v. McDowell
Supreme Court of Iowa
Appeal from Mahaska District Court. — IIon. B. W. Preston, Judge. The plaintiff obtained judgment for $100 against Ella McDowell October 21, 1901, and on May II, 1909, caused execution to issue thereon and H. D. Parker, executor of the estate of B. E. Winldeman, deceased, to be served with notice of garnishment.
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Appeal from Mahaska District Court. — IIon. B. W. Preston, Judge. The plaintiff obtained judgment for $100 against Ella McDowell October 21, 1901, and on May II, 1909, caused execution to issue thereon and H. D. Parker, executor of the estate of B. E. Winldeman, deceased, to be served with notice of garnishment. Upon the settlement of the estate, the executor had in his hands $213.84, after the payment of debts and expenses of administration and was ordered by the court to deposit the same with the clerk for future disposition. By the second clause of his will, Winldeman had bequeathed to his…
1Opinion of the CourtLadd, J.
The estate left by 33. F. Winldeman, deceased, after the payment of debts and costs of administration, amounted to $273.85. By the second clause of his will, executed in 1883, he bequeathed $600 to his niece, Ella McDowell, and by the third clause the residue of his estate to his nephews, James M. and Melvin Winldeman, the interveners. The issues raised by the pleadings were such that unless the legacy to Mrs. McDowell was satisfied prior to the testator’s death, the judgment of plaintiff against her was rightly ordered to be satisfied from a legacy to her; but, if satisfied, the entire…
2Cases cited5 opinions
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Youngerman v. YoungermanSupreme Court of Iowa · 1907
- Carmichael v. LathropMichigan Supreme Court · 1896
- Rogers v. FrenchSupreme Court of Georgia · 1856
- Thomas v. CappsCourt of Appeals of Kentucky · 1868
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