53 Iowa 467 | Iowa | 1880
It is not expressly provided within what time a petition for tbe review of tbe allowance should be filed. But we are not left without an indication. If an allowance is to be reduced it should be done while ther'e is something ripon which tbe reduction could operate. If tbe administrator lias paid over to tbe widow tbe amount allowed, and especially if she has expended it, a mere order reducing tbe allowance would have no effect. Tbe appellant insists in this case that tbe petition for review was filed too late. It was filed one year and seven months after tbe order of allowance was made.
No question arises as to whether tbe amount bad been paid
As to the property bought by Mrs. Slonaker, we have to say that we see no error in. requiring her to pay the difference between its value and what she had already paid. MThere trustees are charged with the duty of selling trust property they should sell for the best price which they can properly obtain. They cannot become buyers at their own sales without occupying á position inconsistent with their duty as trustees. Such sales, therefore, may be set aside at the option of the beneficiaries. In this case, however, Mrs. Slonaker had made repairs upon the property, and she was allowed to retain ■it upon paying enough to make the full value thereof at .the .time she bought.
Modified and Affirmed.