In re Yetter's Estate
| Decision Date | 07 December 1893 |
| Docket Number | 8407 |
| Parties | In re Mary K. Yetter's Estate |
| Court | Minnesota Supreme Court |
Argued November 17, 1893.
Application for reargument denied December 19, 1893.
Appeal by Hugo F. Yetter, as administrator of the estate of Mary K Yetter, deceased, from an order of the District Court of Hennepin County, Seagrave Smith, J., made May 13, 1893 denying his motion for a new trial.
Mary K Yetter died intestate November 30, 1891, at Minneapolis, and Hugo F. Yetter was appointed January 4, 1892, by the Probate Court of Hennepin County, administrator of her estate. A claim of $ 3,425 for moneys had and received was presented March 31, 1892, for allowance against her estate by Bernhardt R. Zwick and Joseph C. Zwick, as executors of the will of her mother, Emily K. Zwick, deceased. The claim was disallowed and they appealed to the District Court. Pleadings were there framed (Laws 1889, ch. 46, § 260) and the issues tried January 30, 1893, and a verdict rendered allowing $ 3,347.17 against the estate of Mrs. Yetter. The administrator moved for a new trial, and being denied he appeals.
Order affirmed.
W. H. Adams, for appellant.
Johnson, Leonard & McCune, for respondents.
This matter came up to the District Court on appeal from an order of the Probate Court disallowing a claim of the estate of Emily K. Zwick, deceased, against the estate of Mary K. Yetter, deceased, for money had and received by the latter as agent of the former, and which had not been paid over or accounted for.
Numerous sums were claimed in the complaint, but on the trial all were abandoned except two, viz.: $ 2,704, received on the Pauly mortgages, and $ 318 on the Ermentrout mortgage.
The uncontradicted evidence is that Mrs. Yetter was the only daughter of Mrs. Zwick, and had for years been her agent for the transaction of her business in collecting, handling, and disbursing her money, with authority to indorse checks, etc that the Pauly and Ermentrout mortgages belonged to the mother; that these mortgages were paid by the respective mortgagors, -- the Pauly mortgage ($ 2,704) on October 3, 1889, and the Ermentrout mortgage ($ 318) on February 5, 1891. The evidence, as we think, also conclusively shows that these payments were made to Mrs. Yetter as agent for her mother. It is urged that Randall, the only living witness of the transaction, (Pauly having died,) could not testify that Mrs. Yetter was the person to whom the Pauly mortgage was paid, as he did not know her personally, but merely testified that Pauly introduced her to him as Mrs. Zwick's daughter. But it appeared that Mrs. Zwick was at the time in California, whence Mrs. Yetter, according to her own statements, had come to Minneapolis to attend to her mother's business, and that the woman thus introduced to Randall and to whom the money was paid had possession of the...
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