93 Iowa 169 | Iowa | 1894
I. Since this appeal was taken, Sarah Malyin has died, and W. H. Malyin and S. Malyin have been appointed and qualified as administrators of her estate. A proper motion having been made therefor,
II. Samuel Malvin died on January 16, 1872, leaving'surviving Mm Ms widow, Sarah Malvin, and eleven children, eight of whom were of age. On March 13, 1872, P. S. Malvin, his eldest son, applied ,to the proper court in Delaware county, Iowa, for the appointment of himself and his mother as administrator and admin-istratrix of said estate. They filed the usual bond, and letters were issued to them. P. S. Malvin alone filed an inventory of the personal property, consisting mostly of live stock on the farm of the deceased; also some promissory notes. P. S. Malvin and decedent had for years prior to the latter’s death been partners in their farming operations, and as such owned the personal property on the farm at the time of the father’s death. It was appraised at over four thousand dollars, one-half of which belonged to the decedent. On October 14, 1878, the widow and all of the heirs filed a petition in the court, setting forth that P. S. Malvin had committed great waste, and had converted the assets of the estate to his own use, and asking the court to release the only bondsmen who resided in this state. An order to that effect was entered. In 1888, Sarah Malvin filed her report as administratrix of said estate, sotting forth, in substance,' that her coadministrator, P. S. Malvin, had taken sole charge and control of the estate; that he had wasted the same and converted it to his own use; that no part of the property ever came into her possession, or under her control; that she could not further show what had become of said, property; that P. S. Malvin absconded in 1878, and had never been heard of since; that thereafter the heirs came to an agreement as to a settlement of the estate and a distribution of the property; that by the terms of the said settlement certain of the heirs were to receive cer
III. The first question presented is upon the court’s ruling in striking the exceptions of the adminis-tratrix from the files. If this order is sustained, it leaves the appellant without any exceptions filed to the report of the referee, and hence without a standing in this court to question the correctness of the findings