In re the Estate of Maxwell
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Chables A. Bishop, Judge. In a proceeding for the settlement of this estate Sarah M. Drake filed a petition of intervention, claiming that certain money, deposited by the intestate in the Citizens’ National Bank in his ovni name was the money of the intervener, and held by the intestate and deposited as her agent.
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Appeal from Polk District Court. — Hon. Chables A. Bishop, Judge. In a proceeding for the settlement of this estate Sarah M. Drake filed a petition of intervention, claiming that certain money, deposited by the intestate in the Citizens’ National Bank in his ovni name was the money of the intervener, and held by the intestate and deposited as her agent. Upon a trial on the merits the ( district court made and filed a finding of facts, upon which judgment was entered, dismissing the petition of intervention, from which she appeals.
1Opinion of the CourtBeck, C. J.
I. The findings of facts are to the following effect: The intestate was indebted to the intervener, who was his mother, in the sum of twelve hundred dollars, secured by a mortgage upon real estate. He sold the mortgaged property, and so advised his mother, and requested her to release the mortgage, and retain the note, and proposed to hold the money, and reinvest it for her and in her name. The intervener complied with this request, and sent the *592mortgage and release thereof, but retained the note. Subsequently, about the time the intestate caused the release to be delivered and the mortgage…
2Cited by2 opinions
- Smith v. ClarkSupreme Court of Iowa · 1897
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894