45 Iowa 557 | Iowa | 1877
On the 9th day of December, 1870, James Oalhoon confessed a judgment in the District Court of Cali
On the 5th day of June, .1874, the, administrator made his final report. In this report he shows that he had paid to the children and heirs of the deceased the following sums: to David, $500; to Eliza, $1,739.05; to Alexander, $1,915; to himself, $975, making to each one, in connection with advancements received from their father in his lifetime, the sum of $3,015. This report renews the suggestion as to the absence and supposed death of James, states that there is on hand for distribution the sum of $1,730.47, asks that the administrator be allowed to distribute this sum among the four heirs known to be living, and that, upon the filing of the receipt of each one for the one-fourth part thereof, he be discharged from further trusts and liabilities. On the 29th day of June the administrator filed the receipts of David and Alexander Calhoon, and of himself, for the sum of $432.65, in full of their respective balances of the distributive share of said estate. The administrator gave due notice by publication that at the
. The appellee insists that neither in this section nor elsewhere is any jurisdiction conferred upon the probate court to determine who are entitled to distributive portions of an estate; citing Granger v. Bassett, 98 Mass., 462; McLaughlin v. McLaughlin, 4 Ohio St., 508; Sherwood v. Wooster, 11 Paige, 449, and other cases.
■Without determining whether or not, in any event, the Circuit Court as a court of probate has jurisdiction to determine who are heirs of an estate and entitled to distribution, we are clearly of opinion that the order made in this case does not estop James Calhoon, nor his creditors, from insisting that he was, at the time of the intestate’s death, an heir and entitled to a share of the estate. The order was made simply upon an application of the administrator, for the approval of his report, and his discharge from further trust and liability.
The jurisdiction of the court, if any such it has, was not invoked for the purpose of determining who were, or were not, heirs of the decedent. No such question was submitted to the court for determination, and it cannot be claimed that any such' question was determined. The most that can be claimed for the order is; that, if the administrator has acted 'in good faith, without fraud or concealment, he is exonerated from further, liability to the heirs. The heirs, who are recognized as such in the administrator’s report, received the sums paid to them provisionally. If other heirs appear and establish their claim to a distributive share- the heii'S who have received the whole estate must account for the sums received above their proper share. The judgment of the court in this case recognizes • the binding effect of the order discharging John Calhoon, and holds him equally liable with the other garnishees, fox; enough of the share of James Calhoon to satisfy the plaintiff’s judgment. The court below gave to the order of discharge all the effect to which it is eutitled.
III. It is claixned- that there is no proof that James Calhoon was alive when his father died. The answer tó this is
Affirmed.