Zimmerman's Estate, In re
| Decision Date | 18 July 1968 |
| Docket Number | No. 53086,53086 |
| Citation | 160 N.W.2d 502 |
| Parties | In the Matter of the ESTATE of Clair W. ZIMMERMAN, Deceased. Dolores L. ZIMMERMAN, Executor-Appellant, v. WESTGATE ELEVATOR CO., Inc., Claimant-Appellee. |
| Court | Iowa Supreme Court |
Murphy & Murphy, Summer, for appellant.
Darold J. Jack, Oelwein, for appellee.
This is an action in probate for the right to file and to establish a claim against decedent's estate. It was filed more than six months after the second publication of notice to creditors.
Clair W. Zimmerman died testate on February 24, 1966. Dolores L. Zimmerman, his surviving widow and sole beneficiary under his will was appointed and qualified as executor. Pursuant to section 633.3(16) and section 633.4, Code of 1966, we use the term 'Executor.'
Decedent had not prospered in his chicken business and had unpaid accounts but was not insolvent. There is no evidence that decedent faced any undue pressure from his creditors but he was despondent and committed suicide. He left a note saying he could not face it.
Westgate Elevator Co., Inc., claimant herein, conducts a general elevator and feed business in Westgate, Iowa. Willis C. Ruff is manager and sole owner.
At the time of his death decedent was indebted to claimant for feed, grain and grinding. The balance due, according to claimant's records, was $7,218.25. Additional items were furnished following decedent's death for use on the farm operated by decedent. They were ordered by Mrs. Zimmerman or her brother. These charges were:
2-26-66--Feed, grind and mix $ 57.04
3-5-66 --Feed, grind and mix 56.53
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Total $113.57
These items brought the total balance due as claimed by claimant to $7,331.82.
Before the six months allowed by Code Section 633.410 for filing claims had expired, the following payments on this account were made by the executor:
April 5, 1966, Credit for Corn $1,056.10
April 23, 1966, Cash 1,000.00
June 25, 1966, Cash 1,000.00
July 25, 1966, Cash 175.72
August 24, 1966, Cash 200.00
After the expiration of the six months allowed for filing claims had expired the following additional payments were made by the executor:
September 27, 1966, Cash $100.00
October 28, 1966, Cash 100.00
November 29, 1966 25.00
These payments added together made a total of $3,656.82, and leave a balance of $3,675.00 asked by claimant in his claim filed January 3, 1967. Included in said amount, however, are certain disputed monthly 'interest' charges commencing on April 3, 1964.
Only two witnesses testified, Mr. Ruff for claimant and the executor for herself and the estate.
The trial court made a detailed finding of fact from which we quote:
'On or about June 28, 1966, Willis C. Ruff, president of claimant corporation called at the Zimmerman farm and talked to the executor about payment of the balance of the account. There is some disagreement as to just what was said between them at that time. They agree that there was mention of a suicide note left by the decedent and containing indications that the size of the account and the obligation to pay it contributed to causing the decedent to commit suicide. The executor complained because, as she claims, she was never informed by claimant as to the size or existence of the account.
'No specific plan for payment of the balance then due was worked out, but the court finds from the evidence that Mr. Ruff was informed by the executor that he would get his money. The executor states that she said to him:
'It would seem to be reasonable for a person in Mr. Ruff's position to interpret this as a promise to pay the account. The court finds that the claimant was not guilty of a lack of diligence by reason of its failure to file a claim within the time allowed by law, in view of the promise to pay in time, and in view of the fact of actual payment of almost one-half of the total amount of the claim before the time for filing claims had expired. The court further finds that 'peculiar circumstances' existed within the meaning of Code Section 633.40 (633.410) entitling the claimant to 'equitable relief' from the requirements of said section.
We have reviewed the record. There is some but not a great variation between Mrs. Zimmerman's and Mr. Ruff's version of their conversations. There is ample support for the court's findings.
'All claims not filed as hereinbefore provided, within six months from the giving of the notice aforesaid, will be barred, * * * unless peculiar circumstances entitle the claimant to equitable relief.'
This section is now superseded by section 633.410, Code of 1966. This section provides:
'All claims against a decedent's estate, * * * shall be forever barred against the estate, the personal representative, and the distributees of the estate, unless filed with the clerk within six months after the date of the second publication of the notice to creditors; provided, however, that the personal representative may waive such limitation on filing; and This provision shall not bar claimants entitled to equitable relief due to peculiar circumstances.' (Emphasis added)
Section 633.33, Code of 1966, provides:
(Emphasis added)
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State ex rel. Turner v. Younker Bros., Inc.
...322, The Code, is authorized 'notwithstanding the provisions of any other existing law * * *.' On the other hand, in In re Estate of Zimmerman, 160 N.W.2d 502 (Iowa 1968), a grain elevator sought to recover an amount owed for feed, grain and grinding. Included in the amount was a 'service c......
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Northup's Estate, In re
...involve the same issue, the appeals have been consolidated and submitted together. Our review is at law. In re Estate of Zimmerman, 160 N.W.2d 502, 504 (Iowa 1968). Trial court findings of fact are binding upon us if supported by substantial evidence, but we are not bound by trial court det......
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Brown v. Roberts
...would have remained. Our views on equitable relief were detailed under a similar provision in section 633.410. See In re Estate of Zimmerman, 160 N.W.2d 502 (Iowa 1968). No claim can be made for equitable relief under the statute in effect at the time. Accordingly plaintiff is foreclosed by......