Eddy v. Mattes (In re Mattes' Estate), No. 45777.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtOLIVER
Citation231 Iowa 101,300 N.W. 639
PartiesIn re MATTES' ESTATE. EDDY v. MATTES et al.
Decision Date18 November 1941
Docket NumberNo. 45777.

231 Iowa 101
300 N.W. 639

In re MATTES' ESTATE.
EDDY
v.
MATTES et al.

No. 45777.

Supreme Court of Iowa.

Nov. 18, 1941.


Appeal from District Court, Polk County; Frank S. Shankland, Judge.

A contested claim in probate was, upon trial, disallowed in part and claimant appeals. Opinion states the facts.

Affirmed.

[300 N.W. 640]

A. D. Pugh, of Des Moines, for appellant.

Lloyd H. Williams, of Des Moines, for appellee.


OLIVER, Justice.

This is an appeal from an order on a contested claim in probate tried to the court. About April, 1938, Frank P. Mattes conveyed certain real estate to his wife, Minnie Y. Mattes, and assigned to her leases thereon. On September 24, 1938, Mr. Mattes filed a voluntary petition in bankruptcy. Thereafter, Mrs. Mattes filed a claim in said bankruptcy proceedings for $23,000, alleging the conveyances of the real estate and assignments of the leases had been made to her by her husband to secure said debt. Mrs. Mattes died June 28, 1939, and Mr. Mattes and a daughter, as executors of the estate of Mrs. Mattes, were substituted as claimants.

After trial upon said claim and objections thereto, the referee in bankruptcy denied the claim and held the deeds and assignments of leases to be invalid as in fraud of creditors of the bankrupt. The executors of the estate of Mrs. Mattes were ordered to pay the trustee all rents collected by them, as such executors, and were directed to account to the bankruptcy court for all rents received by Mrs. Mattes prior to her death. In accordance with said order said accounting hearing was thereafter had before the referee. In the minutes of said hearing the referee certified that Mr. Mattes, as executor, was sworn and examined by the referee and counsel present, and that the attorney for the executors presented to the court an itemized statement showing net rents received by Mrs. Mattes from September 8, 1938, to her death, “and stated to the court that Minnie Y. Mattes actually received no rents from these properties prior to the date of the bankruptcy * * and therefore no accounting is made” covering said prior period.

At said accounting hearing the executors paid the trustee the rents collected by them as executors amounting to $893.49. The itemized statement showed $3,172.77 net rents collected by Mrs. Mattes. Later the referee instructed the trustee to file claim in probate in the estate of Minnie Y. Mattes for rents received by her prior to her death. The trustee filed claim for $5,620.12, which, upon trial, was allowed in the sum of $3,172.77. The trustee has appealed from the disallowance of the balance of his claim.

I. At the beginning of the trial it was stipulated that the net rents received by Mrs. Mattes, from the properties in question from the date of her husband's bankruptcy to her death, amounted to $3,172.77. It was also stipulated that the net rents from the property, between April 11, 1938, and the date of the bankruptcy, amounted to $2,383.26. This latter stipulation narrowed the real issues between the parties to one question: Did Mrs. Mattes receive this sum of $2,383.26, or any part thereof?

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1 practice notes
  • State v. Gasperavich, No. 45657.
    • United States
    • United States State Supreme Court of Iowa
    • November 18, 1941
    ...other boys ranging in age from thirteen to eighteen years. It is not necessary to set out the evidence in relation to the alleged crime [300 N.W. 639]of which defendant was found guilty. Motion for directed verdict was made by defendant and overruled, and after verdict defendant filed a mot......
1 cases
  • State v. Gasperavich, No. 45657.
    • United States
    • United States State Supreme Court of Iowa
    • November 18, 1941
    ...other boys ranging in age from thirteen to eighteen years. It is not necessary to set out the evidence in relation to the alleged crime [300 N.W. 639]of which defendant was found guilty. Motion for directed verdict was made by defendant and overruled, and after verdict defendant filed a mot......

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