In re Evans' Estate

• Court: Iowa Supreme Court
• Writing for the Court: HALE, Justice.
• Citation: In re Evans' Estate, 291 N.W. 460, 228 Iowa 908 (Iowa 1940)
• Decision Date: 02 April 1940
• Docket Number: 45134.
• Parties: In re EVANS' ESTATE. v. EVANS. WAITE et al.

291 N.W. 460

228 Iowa 908

In re EVANS' ESTATE.

WAITE et al. v. EVANS.

No. 45134.

Supreme Court of Iowa.

April 2, 1940

Appeal from District Court, Pocahontas County; F. C. Davidson Judge.

This is an action involving distribution of the estate of a decedent who died with her husband in a common disaster. From order awarding the entire estate to the administrator of the deceased husband, administratrix appeals.

Affirmed.

Geiser & Donohue, of New Hampton, and Shaw & Shaw, of Pocahontas for appellants.

Mitchell & Loth, of Fort Dodge, and F. E. Van Alstine, of Pocahontas, for appellee.

HALE Justice.

The decedent Blanche Evans was married to George Evans, who was the father of a son by a former marriage. Decedent had no children. Appellants Fred Mead, L. E. Mead, and Alice Uglum, are the decedent's brothers and niece. The total estate is less than $7,500.

The husband and wife were killed by the overturning of an automobile on Sunday, October 13, 1935. No one witnessed the accident. Mr. and Mrs. Evans left their home at Gilmore City, riding in a Chevrolet coupe and planning to spend the day at Bancroft. About 11 o'clock that morning, in the neighborhood of Algona, their car passed a car in which three women were riding who noticed that when it passed them the Evans car was traveling at a fast rate of speed and appeared to be out of control. The attention of the women being directed to a cloud of dust at the bottom of the hill, they stopped and informed one Erickson that they thought an accident had occurred. Mr. Erickson went down the road, but was delayed somewhat by taking the wrong road, and returned to his home to which the women and a Mrs. Richardson had returned, and they all then went to the scene of the accident. They found the car and sent word by a passerby to the sheriff and for an ambulance. The ambulance and an automobile wrecker arrived at about 12:30 p. m. Some delay was occasioned by difficulty in getting the car turned over, but about 1 o'clock, when turned, it was discovered that there was a woman in the car. Both Mr. and Mrs. Evans were dead. Evans, who was a strong, healthy man, fifty-seven years of age, drove the car and his wife sat beside him in the front seat. They were driving on an east-and-west graveled road, traveling eastward up a hill and across a culvert. Their car had left the road and plunged over the righthand embankment and turned upside down. It was found that the righthand part of the top, over Mrs. Evans, was crushed down below the door glass, nearly to the seat level. The left-hand side, over Mr. Evans, was not so badly damaged, the glass being broken in the door and the windshield and steering wheel injured. Mrs. Evans was not robust, had been in poor health, and had lately had an operation and had her teeth taken out. The collision had forced her body down on the floor below the seat, and beneath her husband, so that she was at first not visible; while the body of her husband remained in the seat, with the head out of the door and feet at an angle to the right side of the car.

Mabel Waite was appointed administratrix of the estate of Blanche Evans and gave notice of her appointment November 12, 1935. She had no interest in either estate. In the inventory which she filed the heirs listed are L. E. Mead, Fred Mead, and Alice Uglum. Robert S. Evans, the son by a former marriage, is the administrator of his father's estate. In the petition for administration of the estate of Blanche Evans it is alleged that she left surviving her no spouse and no children or direct heirs; that the petitioners are brothers of the decedent; that no will had been found; and that personalty of not to exceed $5,500 belonged to the decedent. On December 11, 1935, the administratrix filed her preliminary report giving the name of the decedent, date of death, alleging intestacy, and that decedent and her spouse died in a common disaster, and stating that her heirs are as heretofore named. On April 8, 1937, an application denominated by the appellee as a claim, was filed by Robert S. Evans, but was afterwards withdrawn; and thereafter, on March 3, 1938, Robert S. Evans, as administrator of the estate of George W. Evans, filed what he termed " Objections and Petition of Intervention," denying, among other things, that Blanche Evans left surviving her no spouse, and denying the claim of heirship asserted by Fred Mead, L. E. Mead, and Alice Uglum, or anyone for them or as averred in any report filed in this matter, and asking an order for hearing and for determination of matters touching the final distribution of the estate and for correction of the record and adjudication as to the lawful distribution of the assets, and the exclusion of claims of heirship that shall not be sustained by direct proof. To this petition of intervention demurrer was filed by Mabel Waite as administratrix, and Fred Mead, L. E. Mead, and Alice Uglum, which was not ruled upon, and thereupon an answer was filed by said parties claiming that they are entitled to the estate and are the sole heirs and beneficiaries, setting up the bar of the statute of limitations, and further, in another division, claiming an agreement of settlement with Robert S. Evans. To this reply was filed by Robert S. Evans as administrator. Hearing was had on the issues raised and evidence taken beginning on December 23, 1938, and on July 21, 1939, an opinion was filed by the court and on July 31, 1939, judgment and decree was entered finding the value of the estate of Blanche Evans to be less than $7,500, and, after the payment of the costs and expenses, directing that it be distributed to Robert S. Evans, administrator of the estate of George Evans, deceased. The judgment denies to Alice Uglum, Fred Mead, and L. E. Mead, any right to participate in the distribution of the assets. Costs were taxed and directed to be paid out of the assets in the hands of the administratrix as part of the costs of administration. There was a further finding in regard to inheritance tax. To this decree Mable Waite, administratrix, L. E. Mead, Fred Mead, and Alice Uglum, excepted except as to the order as to costs, and Robert S. Evans, administrator of the estate of George Evans, excepted to the holding of the court in its opinion wherein it states that " from the evidence the question of survivorship cannot be determined," and to the court's refusal to find as a fact from the evidence that decedent was survived by her husband. A motion for new trial being overruled, the administratrix, Mabel Waite, on August 14, 1939, filed an application for authority to appeal and to permit the estate to remain in status quo until such appeal is determined; and on September 5, 1939, the court entered an order authorizing the appeal and making an allowance for expense thereof. Notice of appeal by the administratrix was given from all the adverse rulings of the court and the order, finding, and judgment made by the court, and from the allowance for costs of the appeal. Thereafter notice of appeal was filed by Robert S. Evans as administrator, from that part of the order and decree which fails and refuses to find as a fact that George Evans did in fact survive the decedent, in failing and refusing to make a finding to such effect, and from the order of the court permitting the administratrix to appeal from the original order of distribution.

We have, therefore, two appeals, as set out, and that of the administratrix of the Blanche Evans estate being first filed and being an appeal from most of the judgment and order, said administratrix, with Fred Mead, L. E. Mead, and Alice Uglum, will be termed appellants; and Robert S. Evans, as administrator of the estate of George W. Evans, will be termed appellee.

Both the husband and wife having died in a common disaster to which there were no eyewitnesses, any determination as to survivorship would necessarily have to be found from circumstances and the situation at some time after the deaths occurred. Evidence was introduced bearing upon the condition of the bodies at the time of discovery. It was found that Mr. Evans had a skull fracture; that there were several black and yellow bruises on his face; a decided swelling on his neck; and a cut on the ear which indicated that it had bled. It was found that Mrs. Evans had sustained injuries to her chest, it being crushed and all her right ribs so badly broken that breathing would have been impossible. There was also a basal skull fracture, and one hand was nearly severed at the wrist. The argument of the appellee is that the conditions found indicated, in Mr. Evans' case, continued life and circulation of the blood, or Mr. Evans' body would, like that of his wife, have been free from such marks and swelling; that the absence of bruises on Mrs. Evans' body showed that her life ended instantly. Expert evidence was introduced as showing probable duration of life in each of the victims of the accident. The court heard and observed the witnesses, and came to the conclusion that it was impossible, from the evidence, to determine which of the spouses survived the other. Other questions arose in the case, as to the question of limitation, of delay in asserting the claim on behalf of the administrator of the George Evans estate, and also as to the question of a prior agreement between the two administrators. These matters were considered by the court and determined adversely to the appellants, and they make no serious claim in this appeal as to such matters. The court held that the entire estate of the decedent should go to her husband's estate, that the burden of proof was upon the appellants, and that, having failed to establish that Mrs. Evans did in fact survive her husband, appellants' claim must fail.

The...