Holderbaum v. Shriver
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. J. H. Henderson, Judge.. The appellant was the executor of the last will and testament of Michael Holderbaum, deceased. The creditors of the estate commenced this proceeding, by which they demand the removal of said executor, upon the ground that he had failed to perform his duty as executor, and was guilty of maladministration in the conduct of the business pertaining to said estate.
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Appeal from Madison District Court. — Hon. J. H. Henderson, Judge.. The appellant was the executor of the last will and testament of Michael Holderbaum, deceased. The creditors of the estate commenced this proceeding, by which they demand the removal of said executor, upon the ground that he had failed to perform his duty as executor, and was guilty of maladministration in the conduct of the business pertaining to said estate. Upon a hearing had upon said petition, the court found that there was sufficient reason for the removal1- of said- executor. An order of removal was made, and another…
1Opinion of the CourtRothrock, J.
It is not necessary to detail the grounds upon which the court made the order from which this appeal was taken. The manner in which the appellant performed his duty as executor is sufficiently described in the opinion in the case of Estate of Michael Holderbaum, ante, p. 69. An examination of that case will show quite conclusively that the order made in this case ought not to be reversed.
It is claimed, however, that the district court had no jurisdiction in this case, because the question of removal was involved in the cited case, and that, as that case was appealed, this proceeding was…
2Cited by1 opinion
- In Re Estate of CollicottSupreme Court of Iowa · 1939