In re Estate of Murphy

• Decision Date: 21 January 1930
• Docket Number: 39623
• Citation: 228 N.W. 658,209 Iowa 679
• Parties: IN RE ESTATE OF PATRICK MURPHY
• Court: Iowa Supreme Court

228 N.W. 658

209 Iowa 679

IN RE ESTATE OF PATRICK MURPHY

No. 39623

Supreme Court of Iowa, Des Moines

January 21, 1930

Appeal from Pocahontas District Court.--JAMES DELAND, Judge.

This is an appeal by the objector, Agnes Hamilton, from a probate order by the district court, upon the final report of the executors and trustees of the estate of Patrick Murphy deceased.--Reversed and remanded, with directions.

Reversed and remanded, with directions.

Salinger Reynolds & Meyers, for appellant.

J. M Berry, for appellees.

WAGNER, J. MORLING, C. J., and STEVENS, DE GRAFF, and ALBERT, JJ., concur.

OPINION

WAGNER, J.

Patrick Murphy, a resident of Pocahontas County, died testate, June 24, 1906. His two sons James and Philip were named in his will as executors, and also as trustees for certain purposes therein mentioned, and upon the probate of the will, they duly qualified as such, and gave notice of their appointment, in accordance with the order of the probate court. The decedent was the owner of 640 acres of real estate. His widow and eight sons and daughters are named as devisees in his will, which is quite lengthy and complicated, and we do not deem it necessary to state all of its provisions. Except as to 80 acres, the executors are directed to take full and complete charge and control of the real property during the life of the widow; to procure reliable tenants therefor, collect the rents as they mature, and from the proceeds of the rents, pay all taxes and charges assessed against the real estate; to keep the buildings and the improvements on the same in good repair, have all buildings thereon painted at least once in five years, keep up the fences, and make such other improvements on the real estate as may appear necessary and advisable, and pay the net income to the widow annually during her lifetime. The personal property was also bequeathed to the widow. The daughter Agnes, who filed the objections to the final report of the executors and trustees, is one of the residuary legatees.

In September, 1926, Ellen Murphy, the widow of Patrick Murphy, died testate, and her will has been admitted to probate. The objector is one of the residuary legatees in said instrument. Mary Jane Murphy, sister of the objector, has qualified, and is now serving as executrix of the Ellen Murphy estate.

After the death of the widow, the executors and trustees of the Patrick Murphy estate filed their final report. The appellant, in her objections thereto, alleges that the executors and trustees have failed to account for the reasonable rents and profits of the real estate that was intrusted to their care, either to Ellen Murphy during her lifetime or to her executrix after her death. The executors plead an estoppel, by settlement, as to all matters arising prior to March 29, 1921, by reason of certain litigation then pending, and a settlement thereof, which was entered into among the executors, Ellen Murphy, and the objector. The trial court sustained the contention of the executors, and this affords the chief ground of appellant's complaint.

The executors, more than a year after giving notice of their appointment, filed in the clerk's office a report of their doings prior to that time, which has been lost. No further report was made by them until certain proceedings were begun by the objector. On October 16, 1920, in her petition filed at that time, she alleges the filing by them of a report, which does not appear on file among the records, and that the same was never acted upon by the court. She therein alleged that they have failed to account to the widow for the rents for the lands belonging to the estate, and other claimed acts of maladministration by the executors, and asked for their removal. Thereupon, the executors filed a second report, attaching thereto the receipt which the evidence discloses was duly signed by Ellen Murphy, the widow. In said receipt the widow states that she has received from the executors all sums due her as rent from the real estate, after the payment by them of the taxes and certain sums for the repair and upkeep of the improvements located upon the real estate, and that she has received from them all the personal property as provided by the will. It further provides:

"I further state that the use and occupancy of certain portions of the land owned by late husband has been used by my sons Ambrose and Michael and my son-in-law and his family with my full knowledge and consent and that I do not at this time make any claim or in any manner hold the said executors responsible for the nonpayment to my said executors of any sums due from them for rent of said premises. I further state that I fully approve in every respect all the acts and doings of my said executors in the management of said real property and do not at this time make any claim or demand against them on account of anything done by them as such executors. A full and complete settlement and accounting of all moneys due me from the estate of my late husband is hereby acknowledged."

After the filing by the executors of the said report and receipt the objector filed an amendment to her petition, averring that the receipt was obtained from the widow through fraud and misrepresentation. Thereafter, a written agreement of settlement was entered into by James Murphy, one of the executors, the widow, and the objector. The executor and the widow are named therein as the first parties, and the objector as the second party. It provides that, for the purpose of equalizing the use of lands between the widow's children and gifts made by her to her children, the widow, Ellen Murphy, who is entitled to the beneficial use of a certain 80 acres of real estate, consents to and directs the executors to pay to the objector one half of the rents received therefrom for the year 1921,...