Brauch's Estate v. Beeck, 54079
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | MOORE |
| Citation | 181 N.W.2d 132 |
| Parties | In the Matter of the ESTATE of Paul A. BRAUCH, Deceased, Appellants, v. Arlan H. BEECK, Clerk of District Court of Plymouth County, Iowa, and John A. Hoffman, Jr., Referee in Probate, in Said District Court, Appellees. |
| Docket Number | No. 54079,54079 |
| Decision Date | 10 November 1970 |
Page 132
v.
Arlan H. BEECK, Clerk of District Court of Plymouth County, Iowa, and John A. Hoffman, Jr., Referee in Probate, in Said District Court, Appellees.
E. P. Murray, LeMars, for appellants.
William S. Sturges, County Atty., and John A. Hoffman, Jr., LeMars, for appellees.
MOORE, Chief Justice.
Paul A. Brauch died intestate on November 8, 1966. His estate is being probated in Plymouth County District Court. The filed appraisement shows personal property valued at $136,254.08 and real estate at $106,412.42.
Based on the appraised value of the personal and real property the clerk's settlement fee was taxed at $190 and that of the probate referee at $100. The administrators filed a motion to retax said fees alleging they should be based only on the appraised value of the personal property. They alleged the real estate descends to the heirs instantly upon the death of the
Page 133
deceased, subject only to the rights of the administrator to sell for payment of debts and that the personal property is more than sufficient to pay the debts and cost of administration.The trial court's order overruling the motion to retax settlement and referee fees includes:
'The value of real estate was included by the legislature in arriving at the total of the estate for purposes of fixing the settlement fee by Chapter 425, Section 1, of the Acts of the 61st General Assembly, approved March 19th, 1965.
'Chapter 326, Section 20, of the Acts of the 60th General Assembly, approved May 16th, 1963, authorized district court judges to fix compensation of referees.'
After obtaining a certificate from the lower court as required by rule 333, Rules of Civil Procedure, because of the small amount involved, administrators have appealed. We affirm.
I. Administrators, as they did in the trial court, rely here on the holding of In re Estate of Pitt, 153 Iowa 269, 133 N.W. 660 (1911). There the court observed that under the then existing statutes and law the real estate passed to the heirs eo instante upon the death of an ancestor. Also the land or its rents could be resorted to for the satisfaction of debts if the personal property was inadequate and then, on suit brought by the administrator to which the heirs had to be made parties. The court further observed an estate inventory of chattels only was required. The court construed the statutory use of 'estate' as meaning personal property only in the absence of a necessity to sell real estate to pay debts. The court held the clerk's settlement fee was to be based on value of the personal property.
The Pitt holding is of little value here due to statutory changes of our probate laws, some of which we point out infra.
II. Subsection 9 of Code section...
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Richards v. City of Muscatine, 2--58012
...courts to pass upon the policy, wisdom or advisability of a statute; they are questions for the legislature.' Estate of Brauch v. Beeck, 181 N.W.2d 132, 134 (Iowa). See also Keasling v. Thompson, 217 N.W.2d 687, 690 VIII. Constitutional Debt Limitation. Section 3 of article XI of the Iowa C......
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Franklin Mfg. Co. v. Iowa Civil Rights Commission, 61559
...Estate, 213 N.W.2d 536, 539 (Iowa 1973); McKillip v. Zimmerman, 191 N.W.2d 706, 709 (Iowa 1971); In re Brauch's Estate v. Beeck, 181 N.W.2d 132, 134 (Iowa "(4) We should look to the object to be accomplished and the evils and mischiefs sought to be remedied in reaching a reasonable or liber......
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Iowa Nat. Indus. Loan Co. v. Iowa State Dept. of Revenue., 2--57008
...Estate, 213 N.W.2d 536, 539 (Iowa 1973); McKillip v. Zimmerman, 191 N.W.2d 706, 709 (Iowa 1971); In re Brauch's Estate v. Beeck, 181 N.W.2d 132, 134 (Iowa (4) We should look to the object to be accomplished and the evils and mischiefs sought to be remedied in reaching a reasonable or libera......
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Cochran v. Lovelace, 55354
...624, 631 (Iowa 1971); Davenport Water Co. v. Iowa State Commerce Com'n, 190 N.W.2d 583, 594--595 (Iowa 1971); Estate of Brauch v. Beeck, 181 N.W.2d 132, 134 (Iowa 1970); State v. Valeu, 257 Iowa 867, 869--870, 134 N.W.2d 911 As aforesaid, however, plaintiffs urge § 123.95 must be construed ......
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Richards v. City of Muscatine, 2--58012
...courts to pass upon the policy, wisdom or advisability of a statute; they are questions for the legislature.' Estate of Brauch v. Beeck, 181 N.W.2d 132, 134 (Iowa). See also Keasling v. Thompson, 217 N.W.2d 687, 690 VIII. Constitutional Debt Limitation. Section 3 of article XI of the Iowa C......
-
Franklin Mfg. Co. v. Iowa Civil Rights Commission, 61559
...Estate, 213 N.W.2d 536, 539 (Iowa 1973); McKillip v. Zimmerman, 191 N.W.2d 706, 709 (Iowa 1971); In re Brauch's Estate v. Beeck, 181 N.W.2d 132, 134 (Iowa "(4) We should look to the object to be accomplished and the evils and mischiefs sought to be remedied in reaching a reasonable or liber......
-
Iowa Nat. Indus. Loan Co. v. Iowa State Dept. of Revenue., 2--57008
...Estate, 213 N.W.2d 536, 539 (Iowa 1973); McKillip v. Zimmerman, 191 N.W.2d 706, 709 (Iowa 1971); In re Brauch's Estate v. Beeck, 181 N.W.2d 132, 134 (Iowa (4) We should look to the object to be accomplished and the evils and mischiefs sought to be remedied in reaching a reasonable or libera......
-
Cochran v. Lovelace, 55354
...624, 631 (Iowa 1971); Davenport Water Co. v. Iowa State Commerce Com'n, 190 N.W.2d 583, 594--595 (Iowa 1971); Estate of Brauch v. Beeck, 181 N.W.2d 132, 134 (Iowa 1970); State v. Valeu, 257 Iowa 867, 869--870, 134 N.W.2d 911 As aforesaid, however, plaintiffs urge § 123.95 must be construed ......