In re Estate of Anderson

• Decision Date: 23 November 1904
• Citation: 101 N.W. 510,125 Iowa 670
• Parties: IN RE ESTATE OF ELVINA ANDERSON, Deceased
• Court: Iowa Supreme Court

101 N.W. 510

125 Iowa 670

IN RE ESTATE OF ELVINA ANDERSON, Deceased

Supreme Court of Iowa, Des Moines

November 23, 1904

Appeal from Jackson District Court.--HON. A. J. HOUSE, Judge.

ALFRED CARTER filed in the matter of the estate of Elvina Anderson deceased, a petition in which he alleged that certain moneys on deposit in the name of the said decedent in the American Savings Bank of Maquoketa were in fact owned by him, and were so deposited in trust only. He prayed an order upon the administrator of said estate, Sylvester Green, requiring him to release all claims to said moneys, and authorizing payment thereof to be made to him (said petitioner). To the petition thus filed, Green, administrator, appeared by W. C. Gregory his attorney, and filed answer, in which he admitted his official character, and otherwise denied generally. Before trial, Lucinda Golden et al., representing themselves to be heirs of the decedent, appeared and filed what is denominated a petition of intervention, in which they allege, as far as material to be considered, possession and ownership of the moneys in question in the said Elvina Anderson at the time of her death: the same being derived by gift to her from the petitioner, Carter. The demand for relief is that said moneys be held to be funds belonging to said estate. Trial being had to the court, it was adjudged that the petitioner, Carter was the unqualified owner of the money in question; that said estate had no title to or interest therein; and the administrator was ordered to assign and release the same to the petitioner. The interveners alone appeal.--Dismissed.

Case Dismissed.

Thomas & Thomas and F. O. Ellison, for appellants.

G. L Johnson and Levi Keck, for appellee CARTER.

OPINION

BISHOP, J.

I.

Counsel for the petitioner, Carter, present the contention that the judgment entered is not such an one as that interveners, so called, may appeal therefrom. Conceding the right of said interveners to appear at all in the action--a point not raised in the court below, nor in argument in this court--we think the refer to the appeal existed. While the judgment entry did not refer to the interveners in terms, yet it amounted to a finding adverse to them, as well as to the administrator, and in favor of the ownership of the money in Carter.

II. Counsel for petitioner, Carter, raise the further point that this court is without jurisdiction to entertain the appeal....