49 Iowa 564 | Iowa | 1878
Watson died in Wisconsin and letters of administration were issued in that State. There were, however, certain assets belonging to the estate in Jackson county, Iowa, and certain creditors resided in that county. Ancillary administration, therefore, was granted in that county, and the defendant, J. W. Miles, was appointed administrator. The appointment was made in April, 1876, and notice of the appointment wras given immediately thereafter. Within six months from the giving of notice several claims were filed, among which were claims belonging to the appellants Andrew Ashton and Ashton Bros., amounting to about seven thousand dollars. On the 9th day of May, 1877, the administrator filed what he called his final report and settlement. All the claims filed had been allowed except the appellants’ claims. On them no action of any kind had been taken. No notice of the claims had been served upon the administrator. The report showed the assets which had come into the administrator’s hands, and the payment of all claims which had been allowed, and showed a balance in his hands of one hundred and eighty-five dollars and fifty-eight cents. In regard to the appellants’ claims it showed nothing. The court approved the report and ordered that the administrator be discharged upon paying the surplus in his hands to the principal administrator, and filing a voucher therefor. By a mistake of the clerk the order was so entered as to show a present discharge. Before the surplus was paid to the principal administrator, and before the administrator was entitled to a discharge, the appellants moved that the entry be expunged from the record. The court sustained the motion
While, therefore, the language of the opinion is that “the
After the expiration of six months it was the duty of the administrator, there being no pending claims of which he had been notified, to pay off all third-class claims, so far as the funds in his hands would enable him to do so. Having so used the funds he cannot be made liable because they are insufficient to pay the appellants.
Another exception to the report is that it shows certain expenditures which were improper, and ought not to have been allowed. ' The proper time to contest such items 'was when the report was approved, unless opened, as it might be on proper showing, within three months. Patterson, Administrator, v. Bell, 25 Iowa, 149. This, perhaps, would be conceded by appellants, but they say that they made their objec
AFFIRMED.