67 Ind. App. 375 | Ind. Ct. App. | 1918
Appellants, Johanna Diedrich and Henry Diedrich, Jr., instituted proceedings in'the Laporte Circuit Court to revoke the letters of administration, issued to appellee, Othie Way, administrator with the will annexed of the estate of Henry Diedrich deceased. Issues were formed by an amended petition in two paragraphs, which were answered by general
The substance of the finding of the facts is as follows: On April 1,1913, Henry Diedrich died testate in Laporte county, Indiana. By his last will and testament he provided for the payment of his just debts, the expenses of his last sickness and funeral, and disposed of the residue of his estate, in substance, as follpws: He devised to his wife, Johanna Diedrich, all of his personal property and real estate during life, with power to sell the live stock at her discretion at any time, without any order of court. In item No. 3 he bequeathed $50 to each of three children in addition to the property given them by item No. 4 of the will. By item No. 4 he devised and bequeathed the residue of his estate to his children, fourteen in number, in equal parts. By the seventh item he namd appellants as executors of his last will and testament. The other provisions of the will are unimportant for the purposes of this appeal. The court also fotínd that Johanna Diedrich was the widow of decedent, and that' Henry Diedrich, Jr., was .his son; that the will was duly probated in the Laporte Circuit Court on April 4, 1913; that immediately after the funeral, appellants and a part of the children of decedent, including Anna Hollands-worth, Edward Bevridge, husband of Minnie Bev
The court stated as its conclusions of law: (1) That the petitioners for the removal of said administrator take nothing by their petition; that the law is with the administrator so appointed, and his letters should not be revoked, and he should not be discharged, as prayed in said petition; (2) that petitioners should pay the costs occasioned by their petition aforesaid.
Appellants state that the trial court erred in its conclusions of law because.there was no necessity for the issuance of letters of administration on said estate; that at the time of appellee’s appointment there were no assets of said estate to be collected, no debts to be paid, and the widow was only doing with the personal property of decedent that which she was authorized to do by the will; that there was an understanding or agreement between the interested parties that there was no need of administration on said estate, and that the executors named in the will need not qualify as such. ■
Judgment affirmed.
Note. — Reported in 119 N. E. 223. See under (2) 18 Cyc 170; (3) 18 Cyc 119.