Legal Opinion

Duffield v. Walden

Supreme Court of Iowa

Decided October 5, 1897PublishedCited by 8 opinions

Appeal from Appanoose District Court. — Hon. T. M. Fee, Judge. Pdaintiee is the administrator of the estate of Florence Duffield, deceased, who was his wife. Florence Duffield died without issue, and with only uncles and aunts as her heirs at law, who are the defendants in this proceeding. The estate of Florence Duffield consisted of real estate and personal property.

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Appeal from Appanoose District Court. — Hon. T. M. Fee, Judge. Pdaintiee is the administrator of the estate of Florence Duffield, deceased, who was his wife. Florence Duffield died without issue, and with only uncles and aunts as her heirs at law, who are the defendants in this proceeding. The estate of Florence Duffield consisted of real estate and personal property. In March, 1895, the plaintiff filed in the district court his petition representing that he had collected the claims due the estate, and sold the personal property belonging thereto, and that the proceeds were insufficient to…

1Opinion of the CourtGranger, J.

1 I. The defendants demanded a j ury for the trial of the issues presented, which the court denied, and error is assigned on the ruling. Chapter 86, Acts Twelfth General Assembly, created the circuit and abolished the county court, which had exercised probate jurisdiction, which included orders of the kind sought in this proceeding. The act referred to, transferred jurisdiction in probate matters to the circuit court, and a later act, abolishing the circuit court, transferred such jurisdiction to the district court. In the county court, a trial by jury could be demanded in those cases only in…

2Cases cited1 opinion

  1. Gilruth v. GilruthSupreme Court of Iowa · 1875

3Cited by8 opinions

  1. In Re Estate of ConnerSupreme Court of Iowa · 1948
  2. O'Brien v. BieggerSupreme Court of Iowa · 1943
  3. Green v. SmithSupreme Court of Iowa · 1900
  4. McEwen v. FletcherSupreme Court of Iowa · 1914
  5. In re BradleySupreme Court of Iowa · 1899

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