Legal Opinion

In re Estate Colton

Supreme Court of Iowa

Decided February 7, 1906PublishedCited by 20 opinions

Appeal from Dallas District Court.— Hon. Edmund Nichols, Judge. Controversy as to wbo is entitled to share in the estate of Luther E. Colton, deceased, as his widow — Eliza A. Col-ton or Frankie Colton. Decree was entered declaring the former to have been his lawful wife, and the administrator of the latter appeals.

1Opinion of the CourtLadd, J.

Luther E. 'Colton died intestate, October 30, 1903, leaving forty acres of land and personal property worth about $1,000. He was married to Eliza A. Shaw on the 4th day of September, 1886, and lived with her up to the time of his death. She applied for an allowance for support March 4, 1904, the consideration of which was deferred, owing to a similar application by Frankie Colton April 12th following and a claim of ownership of all exempt property and an undivided one-third of the estate. The pleadings were such that the issue as to which of these women was the lawful wife of Colton at the…

2Cases cited13 opinions

  1. Burton v. DriggsSupreme Court of the United States · 1874
  2. Hunter v. HunterCalifornia Supreme Court · 1896
  3. Blanchard v. LambertSupreme Court of Iowa · 1876
  4. Leach v. HallSupreme Court of Iowa · 1895
  5. Sykes v. BeckNorth Dakota Supreme Court · 1903

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3Cited by20 opinions

  1. State v. RockerSupreme Court of Iowa · 1906
  2. Schmeizl v. SchmeizlCourt of Appeals of Maryland · 1945
  3. Smith v. FullerSupreme Court of Iowa · 1908
  4. State v. KendigSupreme Court of Iowa · 1907
  5. Bankers' Mortg. Bond Co. v. RosenthalSupreme Court of Alabama · 1932

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