96 Iowa 334 | Iowa | 1895
The order of the court made at the February term, 1892, is as follows: “Nowi on this fifth day of the term, the final report of Alice E. Jordan, administratrix of said estate, coming on for hearing, and it appearing to the court that more than one year has passed since the administratrix gave notice of her appointment, that all claims filed and allowed against said estate have been paid, and that notice by personal service of filing of this report has been given to the heirs of said estate, it is therefore ordered by the court, that the said report be, and it is, approved, and the administratrix be discharged, and her bondsmen released from further liability.” The petition of
Appellant correctly states the question raised by the demurrer to be this: “Had the court jurisdiction to make the order reappointing plaintiff administratrix?” Appellant contends that this is a collateral attack upon said order; that the court had jurisdiction to make the order, and therefore it cannot be attacked collaterally. Appellee says: “We here and now frankly admit that if the court retained its jurisdiction over the estate after making the order at February
Appellant contends, and properly so, that administration is a proceeding in rem for the purpose of administering the assets as between creditors, heirs, legatees, and the surviving spouse. It follows that if there is no rem, — no assets, — there is no jurisdiction. It may be conceded that if, after what was supposed to be a full and final settlement, and after an order discharging the administrator, other assets are found to be administered upon, and other debts, to be paid, the court having jurisdiction of the estate may order further administration. Crossan v. McCrary, 37 Iowa, 684. It will be observed that in this case all debts against the estate, and all costs and expenses of administration were paid prior to plaintiff’s discharge in 1892, and that no other debts have been found; therefore there are no creditors to be protected by further administration. The sole purpose of further administration is the collection of the claim in suit, and it is said that in this claim we have the rem that gives jurisdiction to order further administration. This brings us to inquire, to whom does this claim belong, — to the estate or to the widow and her heirs? for we have seen that