Legal Opinion

In re Estate of Donaldson

Supreme Court of Iowa

Decided December 17, 1904PublishedCited by 11 opinions

Appeal from Audubon District Court.— HoN. A. B. Thor-NELL, Judge. This is a proceeding by one Kate E. Hamilton to establish a claim on a note held by her against the estate of W. E. Donaldson, deceased, and for an order directing the administrator to pay the same out of the proceeds of a certain life insurance policy issued to the deceased and payable to his estate. The trial court allowed the claim, but denied the order. Claimant appeals.—

1Opinion of the Court

Deemer, O. J. — ■

On August 1, 1895, the deceased executed a note for the sum of $740.80 to the claimant, due August 1, 1896. It is alleged that this note was for money borrowed by the maker thereof, who at the time orally agreed with the payee that he would take out a policy of life insurance, payable to his estate, in order that the proceeds thereof should ,be for the benefit and security of his creditors, and especially for the benefit and security of the claimant herein to whatever amount might be due and owing *175her at the time of-the maker’s decease. The administrator denied the alleged.…

2Cases cited8 opinions

  1. Foss v. CoblerSupreme Court of Iowa · 1898
  2. Malley v. MalleySupreme Court of Iowa · 1903
  3. Dirimple v. State Bank of PhillipsWisconsin Supreme Court · 1895
  4. Larrabee v. PalmerSupreme Court of Iowa · 1897
  5. Second Nat. Bank of Grand Forks v. SproatSupreme Court of Minnesota · 1893

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3Cited by11 opinions

  1. Jorgensen v. DevineyNorth Dakota Supreme Court · 1928
  2. Stolar v. TurnerSupreme Court of Iowa · 1946
  3. In Re Estate of HazeldineSupreme Court of Iowa · 1938
  4. Shepherd v. Pacific Mutual Life InsuranceSupreme Court of Iowa · 1941
  5. Hill Ex Rel. Northern Trust Co. v. HannaNorth Dakota Supreme Court · 1928

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