Wilson v. Stanton

Decided June 6, 1882

Supreme Court of Iowa · decided 1882-06-06

The plaintiff was appointed administrator of George Kelly’s estate in 1857. In 1865, lie filed a report; there was a balance due him of $150.47. Exceptions were, filed to this report, but it was confirmed by the court. In November, 1875, a second report was filed, in which it was stated no assets had come into the plaintiff’s hands since the former report, and there was no personal property belonging to the estate, and leave was ashed to sell the real estate.

Decided 1882-06-06

Seevers, J.

¶11. ADMINISTRATION: insufficient abstract: practice. The allegations of the petition were denied by the answer. The, burden was, therefore, on the plaintiff to establish the material averments of the petition. The application to sell the real estate was made more than fifteen years after administration was granted. This long delay required the plaintiff to establish the circumstances causing the delay. It would then be for the court to see whether the excuse was sufficient. McCrary v. Tasker, 41 Iowa, 255. The abstract fails to state that all the evidence introduced is contained therein. It is impossible, therefore, for us to say the referee or court erred. The rule on this subject must be, we think, well understood.

¶2Affirmed,