60 Ind. App. 259 | Ind. Ct. App. | 1915
The decedent, Catherine Ansel, died in August, 1914, leaving surviving her as her only heirs at law the appellant, Henry D. Ansel, her husband, and Omar Kyger, her son, who was under the age of twenty-one years, and who is named as appellee. Thereafter appellant was regularly appointed administrator of the personal estate of decedent by the Knox Circuit Court, and took upon himself the execution of the involved trust. In October, 1914, appellant administrator returned to the clerk’s office of the court an inventory and appraisement of the 'personal effects of the estate. Thereupon, appellee, by his guardian, William H. Kyger, through the instrumentality of certain' exceptions filed to the inventory and appraisement, brought to the attention of the court that certain items of personal property alleged to be assets of the estate had been omitted from the inventory and appraisement. These alleged omitted articles consisted of a credit with a savings association in the sum of $1,800, and also certain articles of ornament and apparel. At a hearing before the court, Henry
Appellant, as administrator filed Ms motion for a new trial, which was overruled, and he, as admimstrator, reserved an exception, and, as admimstrator, he now prosecutes this appeal.
Henry D. Ansel, in his individual capacity, is nota party to the appeal. In Ms capacity as admimstrator he .appears only as appellant, and in such capacity he assigns error. At the hearing in the trial court, the contest involved only the conflicting claims of the estate and Henry D. Ansel as an individual respecting the ownership of the $1,800 item. That contest was determined in favor of the estate represented by Henry D. Ansel, as administrator, and against him as an individual, and to the effect that that item is the property of the estate rather than the property of Ansel as an individual. In this court, he, as administrator, in contravention of his trust as such, assigns error whereby he, as admimstrator, complains of the action of the trial court, by which the assets of the estate have been augmented, and asks the judgment of tMs court that such assets be depleted by delivering to him as an individual the property in dispute, and this he seeks
Note. — Reported in 110 N. E. 559. See, also, under (1) 3 C. J. 623, 629; 2 Cyc 628, 631; (2) 3 C. J. 631; 2 Cyc 640, 641; (3) 3 C. J. 1003; 2 Cyc 756.