In re Pitt's Estate,
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | LADD |
| Citation | 153 Iowa 269,133 N.W. 660 |
| Decision Date | 12 December 1911 |
| Parties | IN RE PITT'S ESTATE. |
153 Iowa 269
133 N.W. 660
IN RE PITT'S ESTATE.
Supreme Court of Iowa.
Dec. 12, 1911.
Appeal from District Court, Polk County; Lawrence De Graff, Judge.
John F. Pitt, a resident of Polk county, died intestate February 4, 1910, leaving a widow and two daughters, one a resident of Des Moines and the other of Washington, D. C. The property left by him consisted of a house and lot situated in Des Moines occupied by deceased as a homestead and thereafter by the widow and unmarried sister, of the value of $3,500, a half interest in certain real estate in the state of Idaho valued at $4,000, a leasehold interest in a lot and part of another located in Des Moines of no value above the amount of rent reserved, and $5,000 in personal property. The widow presented a petition alleging property of deceased and its value as above recited, and prayed that she be appointed administratrix of the estate, accompanied by a sufficient bond, to the clerk of the district court of Polk county, and at the same time tendering $5 as the fees to which the officer was entitled for services to be rendered in the settlement of the estate. The clerk declined to receive the same or to file the petition or approve the bond or issue letters of administration unless the maximum fee of $10 were first paid. Such sum was subsequently paid under protest, and a motion in the district court to retax was overruled. Upon certificate of the presiding judge that an appeal should be allowed, the administratrix has brought the case to this court. Reversed.
[133 N.W. 660]
Dale & Harvison, for appellant.
W. S. Ayres, for appellee.
LADD, J.
The sole issue is whether the clerk of the district court was authorized by section 296 of the Code Supplement to exact the payment of a fee of $10 for his official services in the estate of John F. Pitt, deceased. He was “entitled to charge and collect * * * for all services performed in the settlement of the estate of any decedent, except where actions are brought by the administrator or against him, or as otherwise may be provided herein, where the value of the estate does not exceed three thousand dollars, three dollars; where such value is between three and five thousand dollars, five dollars; where such value is between five and seven thousand dollars, eight dollars; where the value exceeds seven thousand dollars, ten dollars.”
[1] Deceased left personal property of the estimated value of $4,000, which was amply sufficient to satisfy all debts, a homestead valued at $3,500, a leasehold interest of no value, and an half interest in certain land situated in the state of Idaho of the value of $4,000. If, then, the value of the homestead or the land in the state of Idaho be included in estimating the value of the estate, the clerk was right in fixing his fees at $10; but, if these are to be excluded, the tender of $5 made by the administratrix...
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Tavener v. Tax Comm'n of Iowa, No. 45711.
...Plaintiff cites Code sections 7306, 7307, and 7342, and the cases of Wolf v. Wolf, 152 Iowa 121, 131 N.W. 882, and In re Estate of Pitt, 153 Iowa 269, 133 N.W. 660, none of which we think supports the proposition in issue, and with plaintiff's argument we do not agree. [1] In considering th......
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Flora v. Brown
...upon his decease. It was no part of the estate coming primarily into the hands of the administrator. In re Pitts' Estate, 153 Iowa, 269, 133 N. W. 660. It was subject to the call of the administrator for the payment of debts, if necessary, under the provision of the sections above cited. [2......
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In the Matter of Estate of Anderson, No. 9-991/09-1066 (Iowa App. 3/10/2010), No. 9-991/09-1066.
...right to rents and profits from the property, again subject to the executor determining net income. Id. § 637.201; In re Estate of Pitt, 153 Iowa 269, 269, 133 N.W. 660, 661 The district court considered various methods for calculating the amount Paul owed the estate for remaining on the fa......
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Brauch's Estate v. Beeck, No. 54079
...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 d......
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Tavener v. Tax Comm'n of Iowa, No. 45711.
...Plaintiff cites Code sections 7306, 7307, and 7342, and the cases of Wolf v. Wolf, 152 Iowa 121, 131 N.W. 882, and In re Estate of Pitt, 153 Iowa 269, 133 N.W. 660, none of which we think supports the proposition in issue, and with plaintiff's argument we do not agree. [1] In considering th......
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Flora v. Brown
...upon his decease. It was no part of the estate coming primarily into the hands of the administrator. In re Pitts' Estate, 153 Iowa, 269, 133 N. W. 660. It was subject to the call of the administrator for the payment of debts, if necessary, under the provision of the sections above cited. [2......
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In the Matter of Estate of Anderson, No. 9-991/09-1066 (Iowa App. 3/10/2010), No. 9-991/09-1066.
...right to rents and profits from the property, again subject to the executor determining net income. Id. § 637.201; In re Estate of Pitt, 153 Iowa 269, 269, 133 N.W. 660, 661 The district court considered various methods for calculating the amount Paul owed the estate for remaining on the fa......
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Brauch's Estate v. Beeck, No. 54079
...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 d......