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24 Ind. 227

Gregg v. Wilson

Indiana Supreme Court

Decided May 15, 1865

Indiana Supreme Court · decided 1865-05-15

<p>APPEAL from the Hendricks Common Pleas.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1865-05-15

How this case has been cited

Cited by 3 later decisions — most recently May 1923

1 federal appellate · 2 state decisions

101865187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Frazer, J.

¶1This was an application by a creditor, under the statute, to remove' an administrator. 2 G. & H. 491. The court below found in favor of the administrator. The evidence is in the record, and the only question presented for our consideration is, whether the finding and judgment were correct.

¶2The causes alleged in the written application are these: first, failure to make and return an inventory of the personal estate; second, fraudulently omitting to embrace in the inventory certain claims due the deceased; third, failure to collect, and conspiring to prevent the collection of, certain monies due the deceased; fourth, incompetency.

¶3The evidence utterly fails to support any of the foregoing allegations. An inventory seems to have been made, but whether it was ever filed in the clerk’s oflice, or not, does not appear; if so filed, it was not put in evidence, and, therefore, we cannot know whether or not it omitted the things alleged. This disposes of the first and second causes. The third was not sufficiently sustained. The charge of incompetency was supported merely by evidence that the .administrator could neither read nor write. These qualifications would be very useful, but we cannot deem them absolutely essential. Such persons often possess, nevertheless, very considerable business capacity. As a general rule, however, it might be better if those wholly uneducated, were not appointed to such positions of trust and responsibility.

¶4The judgment is affirmed, with, costs.

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