Legal Opinion

In the Matter of the Estate of Carroll Irving Sampson, Cheryl Ann Murken and Mary Ann Smith, Coexecutors of the Christine Rosilia Sampson Estate

Supreme Court of Iowa

Decided October 25, 2013No. 12–1340PublishedCited by 14 opinions

1Opinion of the Court

MANSFIELD, Justice.

This case requires us to examine the interplay between two sections of the Iowa Probate Code that address deadlines to reopen estates. In 1993, a husband died, and his will was probated. His wife received almost all of his property pursuant to a residuary clause in the will. Nearly eighteen years later, in 2011, the wife died. At that time, a number of relatives who had not been formally notified of the probate proceedings in 1993 reviewed the husband’s will. They brought an action to reopen the estate, asserting that a different residuary clause in the husband’s will…

2Cases cited18 opinions

  1. State v. TagueSupreme Court of Iowa · 2004
  2. In the Matter of Trust T-1 of Mary Faye Trimble, Judith R. Cunningham, TrusteeSupreme Court of Iowa · 2013
  3. Freedom Financial Bank v. Estate of Edward J. BoesenSupreme Court of Iowa · 2011
  4. Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland HolsteinsSupreme Court of Iowa · 2013
  5. Iowa Comprehensive Petroleum Underground Storage Tank Fund Board v. Shell Oil Co.Supreme Court of Iowa · 2000

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3Cited by14 opinions

  1. State of Iowa v. Daimonay Darice RichardsonSupreme Court of Iowa · 2017
  2. State of Iowa v. Iowa District Court for Scott CountySupreme Court of Iowa · 2017
  3. State of Iowa v. Robert A. DavisSupreme Court of Iowa · 2019
  4. Erin Dindinger, Lisa Loring, and Elizabeth Freund v. Allsteel, Inc. and Scott MillsSupreme Court of Iowa · 2015
  5. United Electrical, Radio & Machine Workers of America v. Iowa Public Employment Relations Board and State of Iowa and Board of RegentsSupreme Court of Iowa · 2019

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