159 Iowa 41 | Iowa | 1913
The plaintiffs are the sole residuary legatees and devisees under the will of Nancy B. McIntosh, deceased, admitted to probate August 13, 1910, and the defendant is the executor of the estate left by her. Prior to her death a contract was entered into by decedent and defendant in words following:
This memorandum of agreement is to witness that whereas, O. C. Brown has rendered me valuable assistance in the management of my farm during the past seven years, and has attended to renting the same for me, and has attended to making the repairs on the same and collecting the rexits from year to year, and has advised me during said time in all business affairs only a part of which he has been paid for, and whereas, it is necessary that I retain him in my employ as my attorney and legal adviser in my affairs and in the management of my farm as heretofore, and whereas, I have executed my last will and have appointed said O. C. Brown my executor therein, now therefore, in settlement for his said services and in consideration for said future services and also in consideration of his acting as said executor of my last will, I hereby promise and agree for myself, my heirs and executor that he shall have five per cent, of all property of which I may die seized, the same to be paid to him in cash, six months after the date of my death, and the said O. C. Brown is not to chai’ge any additional amount as commission as such executor’s services. Signed June 25, 1909. Nancy B. McIntosh. O. C. Brown.
The ruling of the trial court is sound. In this state, though proceedings in probate are distinguished from others, they are had in the same court. Tucker v. Stewart, 121 Iowa, 714.
' Such proceedings when to establish claims are at law. Mosher v. Goodale, 129 Iowa, 719; Hendron v. Kinner, 110 Iowa, 544. One court will not restrain another court which