Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1918-09-18
COURTS DECISION ON EXECU.
TORS MOTION TO STRIKE Oh.
JECTIONS TO FINAL RE.


In the District Court of Iowa. In and
for Delaware County.
In the Matter of the Estate Of Archi.
bald Livingston, Deceased.
The Motion to Strike Objections to
Final Report filed May 21st, 1918, and
for order barring and estopping object
ors was submitted to Court on argu-
ment of counsel. After careful con-
sideration the determination of the
Court is that said Motion should be
overruled. The opinion Of the Court
being that the position of the Executor
that the question of the right Of Legal
tee. Lenox College. or the heirs of
Archibald Livingston to receive proper
ty under the second Codicil Of the will
of Archibald Livingston stands adjudi-
Gated by the proceedings of the Dis
trict Court admitting the VIII and Cod
ellis to probate, and the determination
of the Supreme Court in passing there
on on appeal. is not we'll taken.
While by the wording of the objec-
tions to the probate Of the will and
codicils there was an evident thought
and an attempt by the present OBJ
jectors to have determined the proper
ty rights Of legatees named in the sec
ond codicil a review of the record
shows that no such issue was in fact
determined; that the trial Court did
not consider the same; that a deter
mination of the question was not nee
essary, and was not made, in reaching
the decision and judgment in that case.
That the rights of the legatees under
the second Codicil was not considered
and was not necessary to be considered
by the Court, nor was same properly
before the Court for consideration or
determination.
The question determined by the YER
dict of the jury which was directed by
the Court appears to have been solely
the question of the validity of the will
and two codicils, the verdict being,
I'VE, the jury. find that the will and
two codicils attached thereto are the
valid will and codicils Of Archibald
Livingston, Deceased"
Proponents upon the direction of
verdict and filing same asked the Court
to admit the will and codicils to pro-
bate, and asked leave to show COM
pliance by Lenox College with condi-
tions Of second Codicil, to which the
defendants objected and excepted, and
thereupon the Court in rendering its
decision and judgment stated:
MY idea about this matter Is little
different from that Of either one Of
you. I think that the Will and Codi-
"cils ought to be admitted to probate
/" without any regard to consequences,
and then If any devisee or legatee
under the will shows that he is en-
titled to receive the legacy devised,
sit can be shown at any time later.
Admitting the will and codicils to pro-
bate at this time, however, In my
Judgment, is right, and 1t Is SO order
led: That Motion Of proponent that
"the will and two Codicils are admitted
ito probate sustained. and same are
admitted to probate" and the Court
then proceeded to appoint the Executor
and fix his bond, to all Of which the
contestants except, and then the fol-
lowing record was made:-
(Mr. Trewin) "Just for information
and to make it clear understand your
Honor to say that it is not necessary
for Lenox College to make showing
now that it is entitled to receive this
estate, but that it can be doEe later"
Court II understand So
(Mr. Trewin) well, that being the
case, we are ready to make that show
Ing, there is on file written accept
ance of the provisions of the will"
(Court) THAT can be filed in the es-
tate proper, and it is l suppose here"
No further action in the matter is
disclosed by the record except the
steps taken Gin and under the appeal
to the Supreme Court. And the writer
finds nothing in the decision of that
Court which should be considered a
of the rights of the part
les to property under terms of second
Codicil to the will, or anything there
which should estop those appearing
herein as DIRECTORS to Final Report
from making claim to property rights
under the terms of said Codicil.
The Supreme Court in stating the
issues that were before the lower
Court, described them as, first, whether
the will and first Codicil should be ad-
mitted to probate, second. whether the
second, Codicil should be admitted to
probate, and in passing on the excep-
lions urged because the lower Court
would not recognize and sustain their
objections as contestants, the Supreme