110 Iowa 544 | Iowa | 1899
In November, 1896, William Kin■ner, then a resident of Harrison county, died intestate, without issue, seised in fee simple of a tract of one hundred and twenty acres of land in that county. The land was of the value of four thousand dollars, and there was personal prop■erty of the value of one thousand dollars. The widow of the decedent, Emma Kinner, was appointed administratrix of his estate in November, 1896. In January, 1897, she filed against the estate a verified claim for two thousand five hundred and ninety-one dollars and thirty cents, made up of the following items: For cash loaned the decedent during the year 1880, seven hundred and fifty dollars; for annual '
Estate of William Kinner, Deceased, in Account with Emma Kinner, Dr.
To money loaned the said William Kinner during the year
1880.................................................... $ 750 00
January 1st, 1881.......................................... 350 00
“ “ 1883......................................... 25 00
“ “ 1885.......................................... 35 00-
“ 1888.......................................... 10 00-
“ “ 1890 30 00
“ “ 1894......................................... 25 00
$1,225 00
Interest on above since January 1, 1894.................... 220 50
Grand total......................................... $1,445 50-
This was also verified.
The temporary administrator completed his examination, and made a report to the court, in which he found in favor-of the widow for the full amount of her claim as amended, and recommended its payment. The court examined the report, and took action as follows: “The court, on inspection of said verified account constituting said claim, which is approved by said special administrator, finds, upon hearing’the evidence of the claimant, that the equities herein are-
The appointment of the temporary administrator, his examination of the claim and report thereon, and the adjudication by the court were all made on the thirtieth day of January, 1897. The plaintiffs are brothers and sisters of the decedent, and are non-residents of this state. They allege that they had no knowledge or information of the filing of the claim of the widow, nor of the proceedings in regard to it which we have set out, until about the first day of June, 1897; that they had and have a, good defense to the claim; that, as originally filed it showed that, it was barred by the statute of limitations; that as amended the claim shows that the entire amount thereof, excepting possibly the last item, is barred by the statute; that the claim is fictitious, fraudulent, and without any foundation in fact: that none of these defenses were urged by the temporary administrator when the claim was under consideration; that ho neglected and ignored the interests of the plaintiffs; that the favorable report was obtained by the connivance, collusion, and fraud of the claimant with the temporary administrator, and resulted in the order of the court which allowed the claim; that the action and report of the temporary administrator were without authority and were unlawful; that he failed to comply with the order of the court by which he was appointed, in failing to furnish the bond and to publish the notice, which the order required-; that the failure to do as required was an imposition on the court; and that the order allowing the claim was entirely unsupported by lawful evidence or investigation or knowledge on the part of the court. The relief demanded is that the order allowing the claim be set aside and a rehearing bs ordered, and for general equitable relief.