Legal Opinion

Valley National Bank v. Crosby

Supreme Court of Iowa

Decided May 26, 1899PublishedCited by 16 opinions

Appeal from Polk District Court. — HoN. O. P. Holmes, Judge. Proceedings in probate to establish a claim against the ■estate of Thomas Roche, deceased. The district court made a finding of facts, from which it appears that W. B. Crosby was appointed administrator of the estate of Thomas Roche, ■deceased, December 7,1891, and qualified, but gave no notice •of his appointment.

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Appeal from Polk District Court. — HoN. O. P. Holmes, Judge. Proceedings in probate to establish a claim against the ■estate of Thomas Roche, deceased. The district court made a finding of facts, from which it appears that W. B. Crosby was appointed administrator of the estate of Thomas Roche, ■deceased, December 7,1891, and qualified, but gave no notice •of his appointment. The heirs of the deceased were minors, living in Texas, and the administrator took possession of the real estate, collected rents, -and cared for it. On the day of his appointment he applied to a judge for an order to…

1Opinion of the CourtLadd, J.

1 That an administrator, in the absence of statutory authority, may not bind the estate by executing a promissory note, is well settled. Winter v. Hite, 3 Iowa, 142; Dunne v. Deery, 40 Iowa, 252; Deery v. Hamilton, 41 Iowa, 17. Nor can an. action be maintained thereon against the.estate. Winter v. Hite, supra; Rich v. Sowles, 64 Vt. 408, 15 Lawy. Rep. Ann. 850, and note (s. c. 23 Atl. Rep. 723) ; Schlicker v. Hemenway 110 Cal. 579, 52 Am. St. Rep. 134, and note (s. c. 42 Pac. Rep. 1063); 11 Am. & Eng. Enc. Law, 932. Even when, in performing the duties of administration, expenses are…

2Cases cited30 opinions

  1. Austin v. . MunroNew York Court of Appeals · 1872
  2. Willis v. . SharpNew York Court of Appeals · 1889
  3. Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
  4. De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
  5. Good v. NorleySupreme Court of Iowa · 1869

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3Cited by16 opinions

  1. Herriott v. PotterSupreme Court of Iowa · 1902
  2. Kriv v. Northwestern Securities Co.Supreme Court of Iowa · 1946
  3. In re the Estate of BrownSupreme Court of Iowa · 1901
  4. In Re Trusteeship Under Will of LawsonSupreme Court of Iowa · 1932
  5. In Re Guardianship of BensonSupreme Court of Iowa · 1931

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