Legal Opinion

In re the Estate of Holderbaum

Supreme Court of Iowa

Decided January 31, 1891PublishedCited by 8 opinions

Appeal from Madison District Court. — How. O. B. Ayebs, Judge. These proceedings were instituted by the executor of an estate for a final settlement, and for Ms discharge from further liability and responsibility. Exceptions were taken to the account and claim of the executor by two creditors of the estate.

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Appeal from Madison District Court. — How. O. B. Ayebs, Judge. These proceedings were instituted by the executor of an estate for a final settlement, and for Ms discharge from further liability and responsibility. Exceptions were taken to the account and claim of the executor by two creditors of the estate. Upon the final hearing, his final account was not ajjproved, and he was charged with a balance due the estate of thirteen hundred and fifty dollars and thirty-five cents, and his claim for an allowance of five thousand, thirty-seven dollars and forty-seven cents, an alleged balance due…

1Opinion of the CourtBeck, J.

I. Michael Holderbaum died seized of a large tract of improved land, used by him in his lifetime1 Siffffemrat bondeouM>r: as a farm. He was heavily indebted. -By fiis will he named his son, A. C. Holder-haum, executor, and directed that he be not required to execute a bond for the faithful discharge of his duty. Full authority was conferred upon the executor to manage and control the property *71of the estate, in order to realize the best income therefrom. He was authorized to borrow money in order to pay debts of the estate, and to execute mortgages to secure the loans. The testator died in…

2Cited by8 opinions

  1. Bellinger v. ThompsonOregon Supreme Court · 1894
  2. Ryan v. HutchinsonSupreme Court of Iowa · 1913
  3. Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
  4. Danielson v. RedenbaughSupreme Court of Iowa · 1943
  5. McGillivary Bros. v. CaseSupreme Court of Iowa · 1898

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