Legal Opinion

Gates v. McClenahan

Supreme Court of Iowa

Decided July 13, 1904PublishedCited by 8 opinions

Appeal from Buchanan District Court.— Hon. E. O. Platt, Judge. The petition in equity alleged that in 1892 David Stevenson died, leaving a will, in which he nominated the defendants as executors of his estate; that the will was duly admitted to probate in New York, and was subsequently admitted as a foreign will and recorded in Buchanan county; that on or about the 10th day of April, 1895, defendants qualified as executors of the estate of deceased in that county; that the…

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Appeal from Buchanan District Court.— Hon. E. O. Platt, Judge. The petition in equity alleged that in 1892 David Stevenson died, leaving a will, in which he nominated the defendants as executors of his estate; that the will was duly admitted to probate in New York, and was subsequently admitted as a foreign will and recorded in Buchanan county; that on or about the 10th day of April, 1895, defendants qualified as executors of the estate of deceased in that county; that the will devised and bequeathed to said executors all his property, save certain legacies and the specified articles of…

1Opinion of the CourtLadd, J.

The defendants are the executors of the last will and testament of David Stevenson, Jr., deceased. Property not specifically disposed of was left to them in trust for purposes specified in the will. A part of this was two hundred and eighty acres of land in Buchanan county, and twenty-eight lots in Jesup. Title thereto was claimed by Catherine Stevenson and others, but was finally held to have passed to defendants. McClenahan v. Stevenson, 118 Iowa, 106. After that cause had been appealed, the plaintiffs were employed by the defendants to prepare the abstracts and arguments in this court-,…

2Cases cited21 opinions

  1. Pendleton v. PerkinsSupreme Court of Missouri · 1872
  2. Hewitt v. PhelpsSupreme Court of the United States · 1882
  3. Clopton v. GholsonMississippi Supreme Court · 1876
  4. Jones v. DawsonSupreme Court of Alabama · 1851
  5. McClenahan v. StevensonSupreme Court of Iowa · 1902

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3Cited by8 opinions

  1. Gow v. MauryMontana Supreme Court · 1923
  2. Jones v. PeabodyWashington Supreme Court · 1935
  3. Federal Reserve Bank v. GeannoulisSupreme Court of Iowa · 1927
  4. Ratekin v. Droge Elevator Co.Supreme Court of Iowa · 1920
  5. Bruce v. HoidalSupreme Court of Minnesota · 1912

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