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IN RE FAGIN'S ESTATE

No. 48594.

66 N.W.2d 920 (1954)

In the Matter of the ESTATE of Sam FAGIN, Deceased. Kenneth M. DUNLOP, Administrator of the Estate of Sam Fagin, Deceased, in Johnson County, Iowa, Resistant-Appellee, v. W. S. WEINSTEIN, Administrator with Will annexed of the Estate of Sam Fagin, Deceased, in Rock Island County, Illinois, Applicant-Appellant. Ralph L. Pilger, Eileen Pilger and Ralph Pilger, Jr., by Ralph L. Pilger, his father and next friend, Claimants.

Supreme Court of Iowa.

Rehearing Denied January 14, 1955.

Attorney(s) appearing for the Case

John D. Randall, Cedar Rapids, for appellant.

D. C. Nolan and Kenneth M. Dunlop, pro se, Iowa City, for appellee.

D. C. Nolan and William M. Tucker, Iowa City, for claimants.

SMITH, Justice.

On January 15, 1954, Sam Fagin, of Rock Island County, Illinois, was killed in an automobile collision in Johnson County, Iowa. January 23, 1954, the probate court of Rock Island County appointed W. S. Weinstein of that county administrator with will annexed of his estate.

March 26, 1954, R. L. Pilger as a claimed "creditor of decedent for damages sustained * * * in an automobile accident January 15, 1954," applied for and procured the appointment...

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