Jarvis' Estate, In re
| Decision Date | 09 April 1971 |
| Docket Number | No. 54375,54375 |
| Citation | 185 N.W.2d 753 |
| Parties | In the Matter of the ESTATE of Harry Dwight JARVIS, Deceased. |
| Court | Iowa Supreme Court |
W. K. Cash, Albia, for John A. Jarvis, individually and as Administrator of the Estate of Harry Dwight Jarvis, deceased, appellant.
Bailey C. Webber, Ottumwa, for Fred J. Jarvis, appellee.
This is an appeal by John A. Jarvis, individually and as Administrator of the Estate of Harry Dwight Jarvis, from a probate order denying certain proposed action against his brother, Fred J. Jarvis. The lower court held the issues had been adjudicated by approval of a special administrator's report. We affirm.
Harry Dwight Jarvis died intestate April 30, 1965 leaving as his sole heirs his sons Fred J., M.D., of Seattle, Washington and John A., attorney, of Chariton, Iowa. John was appointed administrator on Fred's application and on October 29, 1965 filed a probate inventory listing purported advancements of $10,000 by the father to Fred, together with two alleged loans owed by Fred, one for $12,500 with interest from September 15, 1955 and another for $3500 with interest from June 10, 1960. On the same date, John filed an application for authority to hire a Seattle attorney to collect the reported alleged assets from Fred. Fred, by Mr. Webber, his Iowa employed attorney, resisted the application and it was never granted. It was Fred's contention the father had advanced $10,000 to John as well as funds for the construction of a home and office. He also asserted John was indebted for two years support by the father and $2400 allegedly paid as child support for John's two children.
Following hearing on charges by Fred that John was personally involved in the problem of marshalling assets and would be involved in self-dealing contrary to Code section 633.155, the lower court on March 18, 1967 appointed Andrew J. Westendorf to serve as special or temporary administrator.
The order appointing Westendorf charged him with the duty of investigating the claimed obligations of Fred as listed in the inventory and with investigating the indebtedness, if any, of John to the estate. The special administrator was ordered to determine and report what amounts, if any, were owed by Fred and John.
The special administrator, assisted by a court appointed attorney, conducted an extensive investigation and on May 11, 1968 filed his report in which he recommended and concluded Fred owed $3510 plus interest of 5% From June 6, 1960 on a loan made by his father, $222.29 paid by Fred to his father in September 1963 was a gift and that Fred's notes to his father totaling $12,500 were marked paid on the face and payment had been acknowledged in a letter written by the father. The report further found each son had been advanced $10,000 by his father. These were offset and not considered as assets of the estate. The report further recommended the collateral issues raised by Fred be ignored.
The special administrator's report was set for hearing at three p.m. September 20, 1968. The attorneys for the parties the special administrator and John A. Jarvis were duly notified. No contention is made otherwise.
No objections to the special administrator's report were made. On September 25, 1968 the lower court issued an order including these provisions:
'It is therefore ordered, adjudged and decreed by the Court that the report and findings of Special Administrator, Andrew J. Westendorf be and the same is hereby approved and confirmed by this Court.'
'It is further ordered that any application for further action on the part of the Special Administrator in regard to his findings shall be filed in this estate on or before the 10th day of October, 1968, and in the event such application be not so filed, the Special Administrator shall on the 10th day of October, 1968 be finally discharged.'
Neither Fred nor John made an application within the time allowed for requesting further action by the special administrator. Fred made an application for further action on the claims against John but was one day late and the matters raised are not relevant to this appeal.
On November 19, 1968 John filed an application seeking to litigate the...
To continue reading
Request your trial
-
Troester's Estate, Matter of
...of Myers, 269 N.W.2d 127, 128 (Iowa 1978) (court order fixing executor fees after notice was final and appealable); In re Estate of Jarvis, 185 N.W.2d 753, 756 (Iowa 1971) (order approving special administrator's report that was set for hearing is final). The ruling on the motion to strike ......
-
Estate of DeTar, Matter of, 96-0588
...notice and those who have appeared without notice." See In re Estate of Myers, 269 N.W.2d 127, 128 (Iowa 1978); In re Estate of Jarvis, 185 N.W.2d 753, 756 (Iowa 1971). No appeal being taken within thirty days of the order appointing the administrators, we are without jurisdiction to entert......
-
Myers' Estate, Matter of, 61038
...and Administration, 49 Iowa L.Rev. 638, 645 (1964). See also Colthurst v. Colthurst, 265 N.W.2d 590 (Iowa 1978); In re Estate of Jarvis, 185 N.W.2d 753 (Iowa 1971). This means the fee orders entered by Judge Vietor on June 27, 1977, were final and appealable as a matter of right within 30 d......
-
In Matter of Estate of Zenisek, No. 9-052/08-0938 (Iowa App. 5/6/2009), 9-052/08-0938
...alleviated any potential conflict of interest created by the administrators' offer to purchase the farmland. See In re Estate of Jarvis, 185 N.W.2d 753, 755 (Iowa 1971) (approving appointment of temporary administrator due to possible conflict of interest between the interests of the execut......