Staab's Estate, In re, 54675
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | REYNOLDSON; All Justices concur, except RAWLINGS |
| Citation | 192 N.W.2d 804 |
| Parties | In the Matter of the ESTATE of Mary Groh STAAB, Deceased. The HOME OF the GOOD SHEPHERD OF SIOUX CITY, Appellant, v. Mary Groh STAAB ESTATE and Heirs At Law of Mary Groh Staab, Appellees. |
| Docket Number | No. 54675,54675 |
| Decision Date | 15 December 1971 |
Page 804
The HOME OF the GOOD SHEPHERD OF SIOUX CITY, Appellant,
v.
Mary Groh STAAB ESTATE and Heirs At Law of Mary Groh Staab, Appellees.
Page 805
Paul J. Yaneff, Sioux City, for appellant.
E. P. Murray, Le Mars, for appellee Estate of Mary Groh Staab.
Orville Hames, Remsen, for appellees Heirs of Mary Groh Staab.
REYNOLDSON, Justice.
The Home of the Good Shepherd of Sioux City, Iowa, claiming to be a residuary beneficiary under testator's will, filed motion under rule 236, Rules of Civil Procedure, to set aside a default judgment entered against it in an estate declaratory judgment proceeding. This appeal is taken from holding of trial court overruling the motion. We affirm.
Testator Mary Groh Staab executed her will on February 3, 1959. Except for two specific bequests of $1000 to cousins, the balance of her estate was given to named Catholic charities and churches by specific and residuary bequests. Paragraph Nineteen, the residuary bequest, provided:
'All the rest, residue and remainder of my property to whatever kind or nature, I give, devise and bequeath unto St. Joseph's Roman Catholic Church, Le Mars, Iowa, to be used in payment of church debt or such other purpose as the pastor in charge shall deem proper, St. Monica's Home, Sioux City, Iowa, St. Anthony's Orphanage, Sioux City, Iowa, and Good Shepherd's Home, Sioux City, Iowa, in equal shares, share and share alike.'
The executors filed an application captioned: 'Application to determine whether certain devisees are in existence, to construe will, to determine whether certain bequests have lapsed and to determine names of heirs of deceased, and request for Declaratory Judgment.' District court directed notice by publication for three consecutive weeks, date of publication to be at least 20 days prior to time of hearing fixed. It also directed at least 20 days' notice by certified mail to specified interested parties, including 'Good Shepherd's Home, Sioux City, Iowa.' Notice was given as directed, and the notice to the Home was returned unclaimed. In addition, a notice by certified mail was sent to 'Sisters of Good Shepherd, c/o Convent of Good Shepherd, 931 Blair Avenue, St. Paul, Minnesota, 55104.' The return receipt, dated January 11, 1969, carried addressee's signature 'Srs of Good Shepherd.'
The notice clearly stated the application requested the court to determine whether Good Shepherd's Home, Sioux City, Iowa, was in existence; and if not, to determine whether its bequest would be payable to Villa Maria, Sioux City, Iowa (operated by Catholic Charities for a similar purpose) or if not, then whether it would be payable to the other residuary beneficiaries. It gave notice the court would determine whether any of the bequests had lapsed and if so, whether these bequests would pass as intestate property to decedent's heirs.
When the application came on for hearing on February 18, 1969, Good Shepherd Home did not appear nor was it represented. On that date Catholic Charities of the Diocese of Sioux City filed answer alleging Good Shepherd's Home, Sioux City, Iowa 'is no longer in existence having been closed in June 1963.' It prayed that Catholic Charities, for and on behalf of Villa Maria, receive the share bequeathed to the Home.
Page 806
Declaratory judgment, filed March 11, 1969, decreed the residuary bequest to Good Shepherd Home had lapsed and that it passed as intestate property to decedent's heirs.
On April 16, 1969, The Home of the Good Shepherd of Sioux City, a corporation, filed motion to set aside this judgment. However, Catholic Charities of the Diocese of Sioux City had already filed notice of appeal of this court. By order of the Supreme Court all proceedings on the motion to set aside the judgment were stayed until final determination of the appeal.
The declaratory judgment was affirmed by this court, In re Estate of Staab, 173 N.W.2d 866, filed January 13, 1970.
The motion to set aside the judgment was then heard in district court and denied by ruling entered July 1, 1970. Notice of appeal was filed by The Home of the Good Shepherd of Sioux City. Appellee's briefs and arguments were filed on behalf of the estate and on behalf of the heirs at law of decedent.
Appellant assigns 'Propositions relied on for reversal' although we have said many times the application to set aside default and judgment under rule 236, R.C.P. is to be determined at law and not in equity. Claeys v. Moldenschardt, 260 Iowa 36, 148 N.W.2d 479 (1967). These propositions are argued in two devisions, one apparently based on trial court's finding of jurisdiction over appellant at the original hearing and the other grounded on trial court's alleged error in overruling the motion.
I. Did trial court have jurisdiction over appellant in the probate declaratory judgment proceeding?
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...See Davis v. Glade, 257 Iowa 540, 133 N.W.2d 683; Hannan v. Bowles Watch Band Co., 180 N.W.2d 221 (Iowa 1970); In Re Estate of Staab, 192 N.W.2d 804 (Iowa 1971); and Dealers Warehouse Co. v. Wahl & Associates, 216 N.W.2d 391 (Iowa In Williamson v. Casey, 220 N.W.2d 638, 639 (Iowa 1974), thi......
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...evidence. This case is more like Hansman v. Gute, supra, Walters v. Williams, 203 N.W.2d 383 (Iowa 1973), In Re Estate of Staab, 192 N.W.2d 804 (Iowa 1971), Insurance Co. of No. Amer. v. Sperry & Hutchison Co., 168 N.W.2d 753 (Iowa 1969), Haynes v. Ruhoff, supra, and Hallett Const. Co. v. I......
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...of this case. Although trial court held for defendants upon another ground we agree with the result reached. See In Re Estate of Staab, 192 N.W.2d 804, 808 (Iowa Affirmed. All Justices concur, except LeGRAND, J., who dissents. ...
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Smiley v. Twin City Beef Co., No. 2--56988
...made no Page 361 finding of fact or based its ruling on a different ground. Williamson v. Casey, supra; In re Estate of Staab, Iowa, 192 N.W.2d 804, The record before us provides no basis for a finding of abuse of discretion in trial court's refusal to set aside the default judgment under r......
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Flexsteel Industries, Inc. v. Morbern Industries Ltd., No. 57175
...See Davis v. Glade, 257 Iowa 540, 133 N.W.2d 683; Hannan v. Bowles Watch Band Co., 180 N.W.2d 221 (Iowa 1970); In Re Estate of Staab, 192 N.W.2d 804 (Iowa 1971); and Dealers Warehouse Co. v. Wahl & Associates, 216 N.W.2d 391 (Iowa In Williamson v. Casey, 220 N.W.2d 638, 639 (Iowa 1974), thi......
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Dealers Warehouse Co. v. Wahl and Associates, No. 2--56163
...evidence. This case is more like Hansman v. Gute, supra, Walters v. Williams, 203 N.W.2d 383 (Iowa 1973), In Re Estate of Staab, 192 N.W.2d 804 (Iowa 1971), Insurance Co. of No. Amer. v. Sperry & Hutchison Co., 168 N.W.2d 753 (Iowa 1969), Haynes v. Ruhoff, supra, and Hallett Const. Co. v. I......
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Warren v. Yocum, No. 55942
...of this case. Although trial court held for defendants upon another ground we agree with the result reached. See In Re Estate of Staab, 192 N.W.2d 804, 808 (Iowa Affirmed. All Justices concur, except LeGRAND, J., who dissents. ...
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Smiley v. Twin City Beef Co., No. 2--56988
...made no Page 361 finding of fact or based its ruling on a different ground. Williamson v. Casey, supra; In re Estate of Staab, Iowa, 192 N.W.2d 804, The record before us provides no basis for a finding of abuse of discretion in trial court's refusal to set aside the default judgment under r......