Whenever any fiduciary not governed by the probate code shall desire to make a final
report, and shall then have in the fiduciary’s possession or under the fiduciary’s control any
funds, moneys, or securities due, or to become due, to any heir, legatee, devisee, or other
person, whose place of residence is unknown to such fiduciary, or to whom payment of the
amount due cannot be made as shown by the report on file, such funds, moneys, or securities
may upon order of the court and after such notice as the court may prescribe, be deposited
with the clerk of the district court of the county wherein such appointment was made.
[C97, §370; S13, §370; C24, 27, 31, 35, 39, §12778; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §682.31]
C93, §636.31
Referred to in §636.34
Similar provision, see §633.109
\n
Notes of Decisions
In Re Drumheller's Est., 110 N.W.2d 833 (Iowa 1961).
· cites it 2× “Here it was stipulated decedent's cousin, Geraldine Drumheller Terry, would have inherited this one-half if she survived decedent, and she adopted appellant, Elizabeth Josephine Terry, in Indiana as an adult in 1940, her only child, natural or adopted.”
Mensinger v. Hass, 35 N.W.2d 461 (Iowa 1949).
· cites it 2× “It does not clearly appear she understood just how she acquired her interest in the property at Camanche.”
Mathew v. Mathew, 209 N.W.2d 573 (Iowa 1973).
· cites it 2× “The rules of intestate succession in force at the time of testator’s death were set forth in section 636.31, The Code, 1950, in this language: “Descent to children.”
In re Est. of Clemmons, 49 N.W.2d 883 (Iowa 1951).
· cites it 2× “Section 636.31. Thus under the trial court’s decision the spouse receives no greater share than if decedent had left children and the brothers and sisters receive the same share the children would have taken.”
Ramsay v. All Unknown, 42 N.W.2d 386 (Iowa 1950).
· cites it 2× “In my judgment, the general rules of descent, Sections 636.31 to 636.41, incl., do not apply where there is an intestate illegitimate child survived by a spouse but no issue, in so far as the half of the excess over $7500 (now $15,000), is concerned, where there has not been…”
Theen v. Miller, 96 N.W.2d 734 (Iowa 1959).
· cites it 2× “In the event one dies intestate having children surviving, the widow’s share remains one third, with the balance passing to the children as provided by section 636.31. If one die intestate survived by a spouse but without issue, section 636.”
Gardner v. Bailey, 85 N.W.2d 586 (Iowa 1957).
· cites it 2× “He inherited title to an undivided share of the real estate (section 636.31, Code, 1954) but this did not carry with it homestead rights, due to the fact that there was a surviving spouse, his mother.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.