Birks v. McNeill
Supreme Court of Iowa
Appeal from Mahaska District Court. — John F. Talbott, Judge. Suit in equity to compel defendants to account for and pay over to' plaintiffs tlie difference between the par value of 800 shares of stock and its actual value. Other issues were included, not necessary to state. On hearing, the petition was dismissed.
1Opinion of the CourtLadd, C. J.
Hobart W..McNeill died testate, January 27, 1900, at the city oí San Jose, California, leaving surviving Elizabeth McNeill, his widow, and an only child, Annie McNeill Birks. His will, dated November 3, 189b, bequeathing all stock in the corporation known as “McNeill Brothers, Inc.,” owned by himself, to W. A. McNeill, was admitted to probate, March 13, 1900. He was owner of 2,000 of the 5,000 shares of stock in this company, and owned no other property. W. A. McNeill, who was nominated executor in the will, was appointed, and qualified as such. On the same day that the will was made,…
2Cases cited10 opinions
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