Suverkrup v. Suverkrup

Citation18 N.E.2d 488,106 Ind.App. 406
Decision Date16 January 1939
Docket NumberNo. 16285.,16285.
PartiesSUVERKRUP v. SUVERKRUP et al.
CourtCourt of Appeals of Indiana

106 Ind.App. 406
18 N.E.2d 488

SUVERKRUP
v.
SUVERKRUP et al.

No. 16285.

Appellate Court of Indiana, in Banc.

January 16, 1939.


Appeal from Probate Court, Marion County; Smiley N. Chambers, Judge.

Proceeding in the matter of the estate of Arthur C. Newby, deceased, wherein John W. Suverkrup, executor of the last will and testament of Arthur C. Newby, deceased, filed his final report, wherein he claimed as credit the sum of $50,000 paid to himself for his services. The James Whitcomb Riley Memorial Association and others objected. From the judgment, John W. Suverkrup appeals.

Reversed, with instructions.

[18 N.E.2d 488]

Nobel, Hickam, Boyed & Armstrong and Pickens, Gause & Pickens, all of Indianapolis, and Richman & Sharpnack, of Columbus, for appellant.

Miller, Miller & Bredell, of Indianapolis, for appellees.


STEVENSON, Presiding Judge.

The appellant, John W. Suverkrup, was named as executor of the last will and testament of Arthur C. Newby. The will of Arthur C. Newby was admitted to probate by the Probate Court of Marion County on September 18, 1933, and the appellant qualified as executor on the same day. Item VI of this will reads as follows: “I nominate and appoint John W. Suverkrup, of Columbus, Indiana, or in the event of his death or disability, then George M. Dickson, of Indianapolis, Indiana, executor

[18 N.E.2d 489]

of this will, and I direct that he be paid at the rate of Twelve Thousand Dollars ($12,000.00) per year for his services as executor of this will and for his services as trustee hereunder.”

On October 30, 1933, the appellant filed an inventory and appraisement of the assets of said estate and on said date also filed his written renunciation of the compensation provided by said will and asked the court to make such allowance for his services as was fair and reasonable. On the same day the executor filed with the court his petition for partial allowance for fees for himself and attorneys. Whereupon the court ordered and allowed the executor on account the sum of $15,000 for himself and $30,000 for attorneys. The appraised value of the estate as shown by the inventory was $2,677,107.68.

On the 18th day of September, 1934, the appellant as executor filed his first current report asking approval of partial distribution of $1,800,000 and asking the court to fix the fees for himself and attorneys. The court on said date approved said distribution and fixed the fee of the executor at $50,000, and for said attorneys a fee of $100,000.

On the 7th day of June, 1935, the executor filed what he designated a final report wherein he claimed as credit the sum of $50,000 paid to himself for his services. Notice was given to...

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