Magenheimer v. Councilman
| Decision Date | 26 November 1919 |
| Docket Number | 10,618 |
| Citation | 125 N.E. 77,76 Ind.App. 583 |
| Parties | MAGENHEIMER ET AL. v. COUNCILMAN, GUARDIAN |
| Court | Indiana Appellate Court |
Rehearing denied January 30, 1920.
Transfer denied November 3, 1921.
From Morgan Circuit Court; Alfred M. Bain, Judge.
William O. Shufflebarger, administrator of the estate of Valentine A Magenheimer, deceased, filed his final report, and Laura M Magenheimer, decedent's widow and Frank Councilman, guardian, filed exceptions thereto. From the judgment rendered, the widow and the administrator appeal.
Reversed.
Frank G. Rariden, John C. McNutt and Paul V. McNutt, for appellants.
Will H. Pigg, for appellee.
Exceptions of appellee, and of appellant Magenheimer, widow of Dr. Valentine A. Magenheimer, deceased, to one item of the final report of appellant Shufflebarger, as administrator of the estate of said deceased. Said administrator paid a note which his decedent had executed, together with his wife, for part payment of the purchase price of certain real estate located in the State of Arkansas, which was conveyed to himself and wife, as tenants by entireties. The note was secured by a mortgage executed by them on the land purchased. The administrator charged one-half of the note to the estate, and the other half to the widow, and made settlement with each of them and filed his final report accordingly. Appellee filed exceptions to the final report, contending that the estate of said deceased should have paid none of said note, and the widow filed her exceptions, contending that the estate should have paid all of it. The exceptions of appellee were sustained, and the exceptions of the widow were overruled, and judgment was entered accordingly against the administrator, and against the widow, directing the administrator to proceed further with the collection of the assets of the estate. From this judgment, after respective motions for a new trial were overruled, this appeal.
The errors assigned are overruling the respective motions for a new trial. The only question involved is whether the administrator was authorized to pay out of the estate of his decedent, any part, one-half, or all of the note executed by such decedent and his wife for part payment of the purchase price of the real estate deeded to himself and wife, she having executed the note with him, together with the mortgage to secure it. The note was executed in Indiana, and...
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