In re the Estate of Behrens
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. Henry Bank, Judge. Appeal from an order granting to one Peter Kern a new trial upon a petition presented by the administrator of the estate of Philiphene Behrens for the examination of said Kern with reference to property, in his hands, belonging to the estate.
1Opinion of the CourtDeemer, J.
1
*312 *30Section 2379 of the Code of 1873 provides, in substance, that the court may require any one having the effects of one deceased under his control to appear1'and submit to an examination under oath toucning the matter, and, if it appears that he has the wrong ful possession of any such property, may order the delivery of the same to the executor of the estate. The administrator filed llis petition under this section, and Kern was examined before the court with reference to an instrument in writing in his hands, which it was claimed belonged to the estate. After the examination was concluded,…
2Cases cited1 opinion
- Estate of Pyle v. PyleSupreme Court of Iowa · 1891
3Cited by3 opinions
- Barto v. HarrisonSupreme Court of Iowa · 1908
- In re Estate of DodgeSupreme Court of Iowa · 1922
- In Re Estate of GallegerSupreme Court of Iowa · 1943