In re Murray's Estate

• Decision Date: 12 January 1910
• Citation: 124 N.W. 193,145 Iowa 368
• Parties: In the Matter of the Estate of WILLIAM MURRAY, Deceased. W. C. SCRIMGEOUR, Administrator, Appellant, v. ALEXINE MURRAY CHASE ET AL
• Court: Iowa Supreme Court

124 N.W. 193

145 Iowa 368

In the Matter of the Estate of WILLIAM MURRAY, Deceased.

W. C. SCRIMGEOUR, Administrator, Appellant, v. ALEXINE MURRAY CHASE ET AL

Supreme Court of Iowa, Des Moines

January 12, 1910

Appeal from Tama District Court.--HON. J. M. PARKER, Judge.

IN a proceeding in probate to subject the property of the deceased in the hands of the defendants to the payment of a claim against the estate, the court, after hearing the evidence denied the relief prayed, and the administrator appeals.

Affirmed.

Tom H Milner, for appellant.

C. W E. Snyder, for appellees.

OPINION

MCCLAIN, J.

The decedent, William Murray, died intestate at the home of his daughter, Mrs. Baker, at Belle Plaine, in Benton County, on the 20th day of November, 1906. Letters of administration on his estate were granted in that county, and his property distributed to his two daughters, Mrs. Baker and Mrs. Chase, both defendants in this case. Subsequently letters of administration on the estate were granted in Tama County, where deceased had formerly resided, and this plaintiff was appointed administrator. A claim against the estate being filed with the court in Tama County and allowed by the administrator, proceedings were instituted against the two defendants above named and others to subject property of the deceased in their hands to the payment of said claim. Defendants pleaded want of jurisdiction of the court to grant administration in Tama County, alleging that decedent was a resident of Benton County at the time of his death, and that his estate had been properly distributed in the probate proceeding previously had in that county. After hearing evidence as to the residence of deceased at the time of his death, the court dismissed the proceedings against these defendants.

If decedent was in fact a resident of Benton County when he died, the distribution of his estate in the proceeding in Benton county was proper, and the court rightly refused to interfere with the disposition of decedent's property regularly made in that proceeding. The question to be determined was one of fact, and the finding of the court is entitled to the force and effect of the verdict of a jury as to the facts, and should not be interfered with on this appeal, if there is any evidence in its support. Some years prior to his death decedent had lived in Belle Plaine in Benton County, but, on being divorced from his wife, had removed to Clutier in Tama County, where he engaged in the business of buying and shipping chickens. On November 15, 1906, he received a severe injury, which finally resulted in his death. On November 17th he was visited at his rooms in Clutier by his daughter, Mrs. Baker, and his former wife, and arrangements were made by them for his removal to Belle Plaine, and on the morning of the 18th he arrived in Belle Plaine, remaining in the home of his daughter Mrs. Baker until his death. The real controversy in the trial court was as to whether deceased voluntarily and consciously went to Belle Plaine with the purpose of abandoning his residence at Clutier, and thereby became a resident of Benton County, so that the probate court of that county properly entertained jurisdiction to administer his estate.

There was evidence tending to show that prior to receiving his injury decedent had definitely planned to close up his business at Clutier and go to live with his daughter at Belle Plaine, and that he had so far...