183 Iowa 174 | Iowa | 1918
The admitted facts are substantially as follows: In March, 1914, the defendant issued and delivered to Peter Davids its certificate of deposit for the sum of $1,400. In June, 1914, Peter Davids died testate, leav
“I also give my said wife the right to sell and dispose of any and all of my said property, either personal or real, if necessary for her comfort, and to use the avails thereof as in her judgment seems best, or to place the same at interest, and to control the same' absolutely.”
The will named Us executor Tide Davids, son of the testator; but, for some reason not developed in the record, he appears not to have qualified under the appointment. In September, 1914, the widow presented the certificate of deposit, duly endorsed by her, to the defendant bank for payment; and the bank, understanding and believing her to be the rightful holder thereof, under the will of her husband, paid her the full amount thereof, principal and interest. Thereafter, the plaintiff, Molendorp, was appointed administrator, with will annexed, of the estate, and brought this action at law against the bank to recover the amount of said deposit for the benefit of said estate. In support of said claim, the petition alleges that the widow had no legal right or authority to collect the certificate of deposit; that the same was paid by the bank negligently and wrongfully; and that such payment had no effect to discharge the debt or to relieve the bank from its liability to account for said fund to the administrator. The defendant admits the deposit, and admits that it paid the amount thereof to the widow, but alleges that, under the terms of the- will of Peter Davids, the widow was entitled to receive the money; that said sum was not needed or required by the administrator for the payment of debts, claims, or charges against the estate; and that, even if the payment to the widow was irregular, yet, as she is the one to whom the administrator
The plaintiff’s case is without legal merit, and the trial court did not err in entering judgment for the defendant. It is well settled by our decisions in cases of this character that, where a debt or claim due the estate of a deceased person is paid to the one who would have been entitled to the benefit thereof had such payment been made to the administrator, the debtor will not be required to pay a second time at the suit or demand of the administrator, unless it appears that the amount is needed for the payment of debts, charges, or expenses to which the law gives preference over the claim of the person to whom the money was first paid. Douglas v. Albrecht, 130 Iowa 132; Christe v. Chicago, R. I. & P. R. Co., 104 Iowa 707; 18 Cyc. 222, 223. The one chief purpose of administration upon an estate is to collect the assets, apply the same to the payment of all proper charges and expenses, and turn the remainder over to the heirs or legatees entitled thereto. For this purpose, it is true that the legal title to the assets is in the administrator, and, in strict regularity, one who is indebted to the estate should make payment to him; but if, instead of so doing, the debt- or, acting in good faith, should, by mistake of law or fact, make, payment direct to the person who would be entitled to receive it through the administrator, and the money is not needed or required by the administrator for the payment of claims or expenses, the end of the law is accomplished, and it would be little.less than ridiculous to hold