Lutz v. Gates
Supreme Court of Iowa
Appeal from Linn, Circuit Court. The defendant is administrator of the estate of G. Oarjien-ter, deceased. The plaintiff erected a monument to the memory of the deceased, and sought in this proceeding to obtain payment therefor from the estate. Certain of the heirs at law of the deceased objected to the allowance of the claim, and upon a trial the court refused to allow the claim, and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
The objection made to the allowance was not based on the ground that the monument was too expensive, or not otherwise suitable, but because the claim “is not a proper or legal claim against said estate.” Only a portion of the heirs objected, and others are willing that the claim should be allowed. The deceased left a widow, who ordered the monument, and the administrator is willing to allow the *514claim, and only formally resists it because of the objections of some of the heirs.
The deceased left personal property to the amount of about $3,000, and real estate of tlie appraised value of $60,000.
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2Cases cited1 opinion
- Crapo v. ArmstrongSupreme Court of Iowa · 1883
3Cited by6 opinions
- Richardson v. McCloskeyTexas Supreme Court · 1925
- Pease v. ChristmanIndiana Supreme Court · 1902
- Mullinnix v. BrownSupreme Court of Iowa · 1911
- Capitol Hill Monument Co. v. WelchSupreme Court of Iowa · 1921
- Earnest v. RuppenthalSupreme Court of Kansas · 1939
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