In re Stone's Estate
| Decision Date | 11 January 1916 |
| Docket Number | No. 29491.,29491. |
| Citation | 173 Iowa 371,155 N.W. 812 |
| Court | Iowa Supreme Court |
| Parties | IN RE STONE'S ESTATE. IN RE LAKE ERIE & W. RY. CO. |
OPINION TEXT STARTS HERE
Appeal from District Court, Woodbury County; David Mould, Judge.
On petition of Claude William Garnier filed in the office of the clerk of the district court, the applicant was appointed and qualified as administrator of the estate of John W. Stone, alleged to have died intestate in the state of Illinois (of which state he was a resident), leaving personal estate in Iowa for the preservation of which administration in this jurisdiction was necessary. Letters of administration having been issued, the administrator filed a list of the heirs of the deceased, showing that he left surviving him a widow and two children, also an inventory showing the general assets of the estate to consist of a claim of $5,000 against the Lake Erie & Western Railroad Company for the negligent killing of the intestate. Some time later the railroad company appeared in the proceeding, and filed a petition asking the court to vacate and set aside the order of administration because the intestate was a resident of Illinois and left no estate of any kind in Iowa, and therefore the district court of Woodbury county had no jurisdiction or authority to appoint an administrator of his estate. As a further ground for such application it is alleged that the company is a corporation operating a railroad in Indiana and Illinois, but not in the state of Iowa, and has no general office or agency in Iowa upon which service of an original notice can be made. It further alleges that the widow and children of the intestate, who are the real parties in interest, were and still are all residents of Illinois. The application was denied by the trial court, and the company has appealed from that ruling. An opinion having been filed affirming the action of the trial court (145 N. W. 903), appellant applied for and obtained a rehearing, and has filed an additional argument in support of its contention that the court below had no jurisdiction to appoint the administrator.Sargent, Strong & Struble, of Sioux City, for appellant.
It is very material at the outset to inquire by what right the appellant appears in the probate proceedings to contest the granting of administration upon the estate of the deceased. It makes no assertion of right in itself to administer upon the estate either in Iowa or Illinois. It is not an heir or creditor of the deceased or distributee of his estate. If any conclusion can be drawn from the application and argument, it is that the appellant fears that the administrator, if not removed, may sue it for the collection of an alleged claim for damages, yet in the same connection it assures the court that it has itself neither residence nor office nor agency in this state; and that it is therefore...
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