O'Connell v. O'Connell
| Decision Date | 07 March 1888 |
| Citation | 73 Iowa 733,36 N.W. 764 |
| Parties | O'CONNELL v. O'CONNELL. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Dubuque county.
Action by Mary O'Connell as guardian of her husband, Daniel O'Connell, plaintiff and appellee, against John O'Connell, defendant and appellant, to recover the distributive share of an estate received by defendant as administrator.Utt Bros. and H. T. McNulty, for appellant.
McCeney & O'Donnell, for appellee.
1. Plaintiff is the guardian of her husband, Daniel O'Connell, an inebriate. The defendant, a brother of her husband and ward, and the administrator of the estate of his deceased father, who left no heirs other than defendant and plaintiff's ward. The petition, among other things, shows that defendant has received the property of the estate, as shown in the inventory filed by him in the proceedings of administration; but whether the inventory is of all of the property of the estate plaintiff is not informed. It is alleged and further shown that defendant claims all of the property of the estate, and denies the right of plaintiff thereto, and that defendant is entitled to retain as his own no part of it, for the reason that he had received his portion of the estate by way of an advancement made in the life-time of his father. The petition prays that an account be taken of the property of the estate, and that defendant be required to pay over to plaintiff all money and property of the estate held by him. The defendant, in his answer, denies all allegations of the petition tending to show his liability, and to support plaintiff's claim. The case is designated in the abstract as being in equity. No question is raised as to the form or forum of the action. The cause was sent to a referee, who found, and so reported, that defendant had received his portion of the estate by way of an advancement. The referee, in his report, states the account of defendant with the estate, basing it upon defendant's report as administrator; and recommends that a decree be entered against defendant for the balance in his hands, as shown by his report filed in the administration proceedings. The report was approved against exception made by defendant, except as to an inconsiderable sum, which was deducted from the amount found due the plaintiff by the referee, and a judgment rendered for the balance. No objection is made to the form of the decree and judgment.
2. In our opinion, the decree of the circuit court is well...
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