In re Stone's Estate
| Decision Date | 11 January 1916 |
| Docket Number | 29491 |
| Citation | 155 N.W. 812,173 Iowa 371 |
| Parties | IN RE ESTATE OF JOHN W. STONE, Deceased |
| Court | Iowa Supreme Court |
Appeal from Woodbury District Court.--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 proceedings 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, 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.
Affirmed.
Sargeant Strong & Struble, for appellant.
No argument for appellee.
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, impossible for the courts of Iowa to obtain jurisdiction over it. So far as the record shows, the administrator has not brought suit upon the claim, nor is there anything to negative the idea that, if he does sue, he will bring his action in Illinois or Indiana, where, confessedly, a good service can be had. We...
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Kenyon v. Illinois Central Railroad Co.
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