185 Iowa 1101 | Iowa | 1919
We are unable to see how Huey v. Huey, 26 Iowa 525, cited by appellant in support of this proposition, in any way sustains it. As to In re Estate of Brown, 113 Iowa 351, also relied upon, it may be assumed that the partial quotation from the case tends to sustain the claim of the appellant. But on an analysis, the decision in Brown’s case counters the point, rather than sustains it. In that case, this court did precisely what appellant claims the district court had no jurisdiction to do. For, in a probate proceeding arising upon exceptions, the Supreme Court ordered an allowance of interest. The opinion as a whole makes it manifest it was not intended to hold that the probate court lacks
We hold, first, that, because of said statute, no adjudication was effected. We hold further that no adjudication was worked for the following reason: Since, at the time when the earlier application was made, the will entitled the widow to half of the amount collected, the fact that she did not combine with her claim for this half a claim that she be allowed interest because the executor had improperly detained that half, does not estop her to maintain her present application for an allowance of interest. One who has two enforcible rights and has one of them passed upon does not lose the right to proceed upon the second right because she failed to assert it when she presented the other right for judicial action.