108 Iowa 651 | Iowa | 1899
III. The only property left by the deceased was real estate, .and the necessity of selling it for the satisfaction of indebtedness did not exist. The duty of the administrator pertained exclusively to the care of such realty, and for this purpose he derived his authority solely from three sections of the Code of 1873, which we set out:
“2402. If there be no heir or devisee present and competent to take possession of the real estate left by such decedent, the,.executor may take possession of such real estate, and demand and réceive the rents and profits therefor, and do
“2403. Such executor or administrator, under the order and direction of the court, may apply the profits of such real estate to the payment of taxes and of debts and claims against the estate of the deceased in case the personal assets are insufficient.
“2404. Such executor or administrator shall account to such heirs or devisees for the rents, profits, or use of such real estate deducting therefrom the payments made under the preceding section, together with a reasonable compensation for his own services, to be fixed by the court.”