Armstrong v. Greenwood
Armstrong v. Greenwood
Opinion of the Court
The appellee was executor of the last will of his deceased wife, and was also by the will appointed trustee of certain property of which his and the decedent’s son, an incompetent, was the beneficiary. He filed his petition for discharge and his final report, in which he alleged the expenditure of various sums of money, the greater part of which seems to have been as trustee. No objections were made, and on February 20, 1906, he secured an order approving his final report and discharging him as executor. In July following he filed a petition in the county court, alleging an omission from his final report of mortgages, aggregating $3,000, which he had received in his capacity as trustee. He also alleged the expenditure of $314.85 since the order of his discharge. He
The objections filed by the appellants to the discharge of the executor do not specifically assail the items of expenditure shown by the reports of the executor filed prior to February 20, 1906; nor does it appear from the instrument itself that the appellants attempted to assail such expenditures, all of which had been previously reported and allowed upon a final hearing, from which no appeal was. taken. The executor himself only prayed that he might be permitted to report property previously omitted. In such cases we think that the county court has a discretion to say to what extent he should inquire into the former proceedings had. Had the legatees assailed the former final report of the executor, and alleged sufficient reasons for not assailing the same at the time of the hearing thereon, the court should consider the same and correct any errors made. But under the circumstances of the case, wherein such expenditures were not specifically questioned in .any objections filed, and no reason shown for not previously objecting, we cannot say that the county court erred in confining his inquiries to the .matters presented in the application of the executor. Upon appeal in the district court the issue was confined to the matters tried by the county court. No attempt was made to defeat the later expenditures alleged by the executor, which were proved by the evidence.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.