6 Ind. App. 487 | Ind. Ct. App. | 1893
The appellant John Hodge was appointed and •qualified as administrator of the estate of Samuel W. Niles, deceased, on the 22d day of November, 1881. Current reports were made by him September 3, 1883, January 16, 1886, and January 23,1888, all of which were approved by the court. On the 6th day of August, 1889, in vacation, he filed another report, in which he asked to be discharged from further acting as such administrator, and making a charge for services rendered as such administrator in the sum of two hundred and fifty dollars, which he asked the court to allow him. This report was not acted upon by the court, but afterwards, to wit, on the 7th day of the June term, 1891, and pending the consideration of the report by the court, certain creditors of the estate filed their petition, duly verified, setting forth the fact that they were
On the 32d day of the same term, a motion was filed by said Hodge, supported by affidavit, denominated a motion to modify the order of the court removing him from ‘said trust, and to increase the allowance made him for services as such administrator. By this motion, the appellant sought to have the order for the allowance set aside, and to permit him to make proof of matters not apparent on the face -of the record, and to support with evidence his claim for two hundred and fifty dollars for services. The court, it is presumed, when the record does not show to the contrary, heard evidence from which it reached the conclusion that the sex-vices rendered by the appellant were worth but thirty dollars. Whether or not the amount allowed was such axx amoxxxxt as he was entitled to receive caxx xxot be raised by a xnotioxx to modify. A motioxx for a new trial was filed, contaixxiixg the statutory causes, but ixxasxnxxch as the evidexxce is not ixx the record no questiorx is x-aised by the ovex-x-uling of that motion. Ox-dixxarily the allowance to an adnxinistrator for sex-vices rexxdered, is to be made by the court in which the trust is pending, upoxx such evidexxce as nxáy be introduced to show the
Counsel, in their brief, insist that no evidence was introduced as a basis upon which the court made said allowance. The record does not show that evidence was not heard upon that question, nor does it show that appellant offered to make any proof to sustain his claim, although the court ■did not pass upon his report for nearly two years after it was filed. It was his duty to make such proof as would assist the court in making him such allowance as was just and reasonable. As disclosed by this record, if'the court had refused to make the appellant any allowance whatever, we think he could not complain.
We find nothing in the record in this case to warrant a reversal of the order of the court below.
Judgment affirmed.