Caldwell v. Kerr

Epperson, C.

This proceeding ivas instituted in the county court of Thayer county by legatees named in the will of Mary J. Mall, objecting to the final report of C. E. Kerr, executor of her estate. The legatees alleged that the executor was indebted to testatrix for certain money borrowed by him during the lifetime of testatrix, and for which he had failed to account. The county court denied the relief sought, but upon appeal the district court ordered that the estate recover from the executor $3,816.15, with interest, and the latter brings the case to this court for review.

The only contention…