Sayer v. Harker (In re Harker's Estate)

• Decision Date: 13 April 1901
• Citation: 85 N.W. 786,113 Iowa 584
• Parties: IN RE HARKER'S ESTATE. SAYER v. HARKER ET AL.
• Court: Iowa Supreme Court

113 Iowa 584

85 N.W. 786

IN RE HARKER'S ESTATE.SAYER

v.HARKER ET AL.

Supreme Court of Iowa.

April 13, 1901.

Appeal from district court, O'Brien county; William Hutchinson, Judge.

On an application of the executors of the will of William Harker, deceased, for approval of final report and for discharge, Dora B. Sayer, one of the beneficiaries under the will, filed objections, which on motion to strike were held insufficient, and the application for approval of report and final discharge was granted. Dora B. Sayer appeals. Affirmed.J. S. Dewell, for appellant.

Boies & Roth, for appellees.

McCLAIN, J.

Appellant's objections to the application of the executors for approval of final report and for discharge took the form of a statement of grounds on which it was alleged the executors had misapplied the property of the estate and had not made proper distribution thereof, by reason of which appellant had failed to receive the share to which she was entitled under the will, and affirmative relief was asked. The motion to strike was treated as a demurrer, and we are therefore in a situation to assume the truth of all the material allegations made by her as fully as though the facts stated by her were otherwise shown. It appears that William Harker died May 26, 1895, leaving a will, which was duly probated on July 5th, by which his widow, Elizabeth, and the other persons named as defendants in this action were named executors of his estate, and they were appointed accordingly. By the terms of the will, the widow was to have the homestead and all property of every kind used on or connected with it, and $40,000 in money. Five thousand dollars was bequeathed to a nephew. The expenditure of $5,000 for a monument for testator, and for his widow when she should die, was authorized. Three person were named as trustees, to whom the sum of $10,000 was to be paid, out of which to buy a suitable lot, and with which to erect thereon a building of two stories, to be occupied below for storerooms and above as an opera house, to remain under the charge and control of the three persons named and their successors; the proceeds of the rentals thereof to be used for expenses and repairs, and beyond that expended in charity, as the trustees should think best. Further, the conversion of the entire estate into money was directed, and it was provided that, after carrying out the directions specified, the balance of the estate should be distributed to the brothers and sisters of testator, or, in the event of the death of any of them, then to their issue, in equal portions. An appraisement of the estate filed September 28, 1895, showed real estate of the value of $28,070, and personal property (principally bank stock) to the value of $77,967. The homestead included in the valuation of the real estate was appraised at $1,600. On October 9th the widow entered into an agreement with those entitled to share as beneficiaries in the distribution of the estate by which, in consideration of the sum of $30,000 to be paid ratably to those beneficiaries who were entitled to share in the general distribution of the estate, and the agreement on her part to erect the monument and the opera-house building, and pay the bequest to the nephew and the debts of the estate and costs of administration, and the relinquishment of any claim of allowance for support, the said beneficiaries sold, assigned, and transferred unto the widow, each of them, all his right, title, and interest in and to said estate. The object of the agreement was specified to be “to settle all disputes which may arise under said last will and testament of said Wm. Harker, and to settle with his heirs, as provided for by him in said will, for their distributive shares in his estate under said will.” This contract was signed by the widow and by all the adult beneficiaries. Some of the beneficiaries being minors, an application was made in vacation to the judge of the district court by the guardian of said minors for authority to sign this contract in their behalf, in which application the terms of the contract and of the will were set out; and the guardian was thereupon authorized and empowered to sign for and in behalf of said minors, and to accept from the widow the amount to which said minors would be entitled under the agreement in full of all right, title, and interest of the said minors, and each of them, in and to said estate under and by virtue of the...