Haulman v. Haulman
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Lawrence De Grape, Judge. Action to construe a trust instrument. Plaintiff contends that the instrument was testamentary in its character, and, not being executed or witnessed, as required by law, it could not be enforced, even as such; that the defendants named as trustees in the instrument, took no title to the property in controversy, and had no right to the property in controversy, under the instrument in question; that, the…
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Appeal from Polk District Court. — Hon. Lawrence De Grape, Judge. Action to construe a trust instrument. Plaintiff contends that the instrument was testamentary in its character, and, not being executed or witnessed, as required by law, it could not be enforced, even as such; that the defendants named as trustees in the instrument, took no title to the property in controversy, and had no right to the property in controversy, under the instrument in question; that, the instrument being ineffectual as a trust deed, the property passed to the estate of the trustor, and was therefore wrongfully…
1Opinion of the CourtGaynor, J.
The plaintiff is the widow of one Harry Haulman. The defendants are the executors of his will. This action is brought by the plaintiff to have the defendants removed as executors of the will, on the ground that they have in their possession a certain sum of money received by them from Harry Haulman before his death, under some sort of an arrangement between them, by which they were to pay to the deceased interest upon the money held by them, and that they have failed to account for the same as any portion of the *473estate; that they filed an inventory of the personal property of the said Harry…
2Cases cited13 opinions
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- Newton & Seeley v. BealerSupreme Court of Iowa · 1875
- Wilson v. CarricoIndiana Supreme Court · 1895
- Love v. BlauwSupreme Court of Kansas · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- Keck v. McKinstrySupreme Court of Iowa · 1928
- Shaull v. ShaullSupreme Court of Iowa · 1918
- Dunn v. Dunn TrustSupreme Court of Iowa · 1935
- Menary v. WhitneySupreme Court of Iowa · 1952
9 more not listed; retrieve them via the Exa API.