76 Ind. App. 303 | Ind. Ct. App. | 1921
One Jacob A. Beyer died intestate May 16, 1916, and left surviving his widow, Mary M. Beyer, and his father and mother, but no child. His mother died before this proceeding was instituted. On May 23, 1916, the Citizens Loan and Trust Company was duly appointed and qualified as administrator of his estate. . In due course, the administrator filed its report in final settlement, disclosing that the only assets of the estate consisted of a small stock of drygoods and notions, from which the sum of $483.40 was realized; that the total amount of all claims filed was $3,567.56; that the estate was duly settled as an insolvent estate; that the costs and expenses of administration were paid in full; that 68.88 per cent, of the amount of each preferred claim was paid; and that all notices required by law were duly given. The final report was approved by the court, the administrator discharged, and the estate adjudged fully and finally settled.
Afterward, pursuant to §2757 Burns 1914, Acts 1891 p. 107, Chauncy M. Custer was appointed administrator de bonis non of the same decedent. On May 6, 1919, the administrator de bonis non filed a document denominated “Petition to Sell Real Estate.” In this petition
“That no personal property belonging to the estate has come to the knowledge of the petitioner; that there are claims on file in the Clerk’s office in the aggregate sum of $3500; that in the opinion of the petitioner $4000 will be required to pay the debts and costs of administration;'that for many years prior to November 29, 1915, Jacob A. Beyer was the owner in fee simple of certain real estate in the City of Logansport, of the value of $5000; that on Nov. 29, 1915, with intent to cheat, hinder and delay his creditors, including said claimants, he conveyed his real estate to a trustee, in which conveyance his wife joined, and that the trustee, concurrently therewith, conveyed the real estate to Jacob A. Beyer and wife as tenants by the entireties; that there was no actual consideration for said conveyances ; and that at the time of the conveyances, Jacob A. Beyer did not have other property subject to execution sufficient to pay his debts. Wherefore, the petitioner prays that the cloud created by the conveyances be removed; that the title be quieted; and for an order to sell the real estate to pay the debts.”
Theodore Beyer filed answer admitting that the material allegations of the petition are true. The widow filed answer. The court made a general finding against the administrator de bonis non and in favor of the widow, Mary M. Beyer, and rendered judgment that the administrator de bonis non take nothing by his “complaint,” and that Mary M. Beyer recover her costs. The alleged errors presented are: (1) Overruling the demurrer to the second paragraph of answer, and (2) overruling the motion for a new trial.
When the conveyances involved herein were executed, Jacob A. Beyer and his wife were not living together. She had left him some four years prior thereto. During that time she supported herself, and had an action for divorce pending against her husband. At the time the conveyances were executed he was in poor health and the conveyances were made for the purpose of adjusting the family trouble and bringing about a dismissal of the action for divorce. Accordingly Jacob and his -wife executed a warranty deed to Theodore as trustee. Theodore and his wife reconveyed the real estate by deed of general warranty to Jacob and his wife as tenants by the entireties. Theodore has an alleged claim against the estate in the principal sum of $2,000, which was in existence at the
This proceeding suggests some questions of vital importance which have not been presented by counsel and which therefore have not been considered in this opinion.
Judgment affirmed.