91 Iowa 668 | Iowa | 1894
I. In a section of the Illinois statutes providing “the order of payment of demands” in the settlement of estates, after other specifications, it is provided: “(7) All other debts and demands, of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters, as aforesaid, and all demands not exhibited within two years, as aforesaid, shall be forever barred, unless the creditors shall find other estate of the deceased, not inventoried or accounted for by the executor or administrator.” Revised Statutes, chapter 3, section 70. Prom the Illinois Reports we note the following, under appellant’s citations, as to how the law is construed in that state: “As Pool did not exhibit his claim within two years from the grant of letters of administration, he is precluded by the statute of limitations from any participation in that portion of the estate of William Castles which was inventoried or accounted for by the administrator during that period.
The clause of the will in this respect is as follows: ££I, Jacob W. Unangst, do will to Margaret A. Pollock the following parcels of land: The north half of the southwest quarter of section sixteen (16), in township number seventy(70)north, of range number twenty-nine (29) west, also south half of the east half of the northeast quarter of.the northwest quarter of section thirty-three (33), in township (70) north, of range thirty (30) west, containing ninety (90) acres, more or less, during her lifetime; after her death, to be equally divided between her children. I have executed a deed in accordance with this, my will.” This land is in Einggold county, Iowa. Prom this fact it will be seen that the land in Iowa was not property ££ discovered” after the two years, but that it was made, by the will, a subject of action by the executor; for, to a proper carrying out of the terms of the will, the land being in Iowa, and as a probate of the will in this, state was essential 4o give the will effect as to the land, he was required to procure the probate of the will, to the end that the intent of the testator should be carried into effect. A learned law writer has said that it is the duty of such an adminis