37 Ind. App. 481 | Ind. Ct. App. | 1905
Lead Opinion
Upon the questions raised by appellants’ exceptions to the final report of appellee as administratrix of the estate of John T. Hartzell, deceased, the court found, in substance, the following facts: The appellee was chargeable with $1,428.16 and has expended $482.50, leaving in her hands $945.66. She filed her final report and resignation in compliance with a certain compromise agreement between her and appellants, which compromise agreement was approved by the circuit court of Darke county, Ohio, and made the finding, order and judgment of that court in a certain action then pending therein. The terms of this compromise were that an action between appellants, as administrators, and appellee, then pending in the supreme court of Ohio, was to be dismissed, and $1,000 then in the hands of the clerk of the circuit court of Darke county was to be paid to appellee or her attorneys. Appel
As conclusions of law the court stated: (1) That-the final report as corrected hy the court should he approved; (2) that the administratrix should he discharged from' further duties and liabilities as such; (3) that under the terms of the compromise agreement and order of court appellee is entitled to retain the $945.66, and after deducting the $100 attorneys’ fees therefrom the residue should be credited upon the compromise consideration of $3,400; (4) that the costs should he paid hy appellee. Appellants excepted to each conclusion of law .
Judgment affirmed.
Rehearing
On Petition fob Rehearing.
Petition overruled.