Rhodes v. Stout
Supreme Court of Iowa
Appeal from Dubuque District Court. The petition contains a statement of the following facts, namely: That Mahlon "Kingman died May 2, 1856, possessed of a large estate, upon which administration was granted, July, 1856, to Susan Kingman, widow of decedent ; that the appraisment of said estate returned to the County Court, exhibits the value of said estate to have been $13,131, and claims were allowed against the same by said court to the amount of $1,005, and no part of…
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Appeal from Dubuque District Court. The petition contains a statement of the following facts, namely: That Mahlon "Kingman died May 2, 1856, possessed of a large estate, upon which administration was granted, July, 1856, to Susan Kingman, widow of decedent ; that the appraisment of said estate returned to the County Court, exhibits the value of said estate to have been $13,131, and claims were allowed against the same by said court to the amount of $1,005, and no part of said claims lias been paid; that James Huff became security upon the bond of said executrix for the faithful discharge of…
1Opinion of the CourtBeck, J.
Administrator: parties. — It is insisted by defendant’s counsel, that the suit cannot be maintained by plaintiffs; that Sarah A. Rhodes, upon the death of Mahlon King-man^ i3ecame entitled to a distributive share of his estate, which, at her death, vested in her adminis*315trator, who alone can recover the same for the use of her estate, to he expended in the payment of the debts thereof, and in case there should be no debts, to be dis-. tributed to her heirs. This view is undoubtedly correct. Without determining that the plaintiffs could, or could not, maintain the action, in case no…
2Cited by5 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Haynes v. HarrisSupreme Court of Iowa · 1871
- Cox v. YeazelNebraska Supreme Court · 1896
- Brandenburg v. CarmichaelSupreme Court of Iowa · 1921