78 Iowa 171 | Iowa | 1889
Lead Opinion
Grietje Bagger died testate in June, 1886. On the twelfth day of the next December, her will was duly admitted'to probate by the circuit court of Franklin county. That action has never been set aside, and the will is in full force. It provides for the payment of all debts of decedent, directs the paymeut of nominal sums to two of her children, bequeaths to Lina Auen all the household goods . and furniture and all other personal property, excepting moneys and credits, and the sum of five hundred dollars. It then
Counsel for appellant discusses the right of appellees' to obtain the relief they seek by motion. Some of the issues they sought to raise were undoubtedly of a character to be determined only upon a trial of issues joined by proper pleadings; but, since the views we have expressed are decisive of the case as presented to us, we do not find it necessary to further examine the question discussed. Reversed.
Dissenting Opinion
(dissenting). — The defendants are the only parties interested in the real estate in question. They offered to pay all obligations against the estate and retain the property, and they actually deposited in court a sum of money sufficient to satisfy all claims filed and all costs, including the fees due to the executor. The sale of the land had not been approved, and the executor had no real interest in the controversy. It is no prejudice to him. to disapprove and set aside the sale. He knew before the sale that the defendants did not want the land sold. With this knowledge he proceeded to make a private sale, upon what should be regarded as very insufficient notice. Both of the defendants testified that the sale was made without their knowledge, which is not denied by the executor. In view of all these facts,