Estate of Sylvar
City Bank v. Enos
Opinion
Lead Opinion
Cooper, J.
Two appeals from orders of the superior court are brought up in this record; the one from an order settling the third account of the administrator, and the other from an order refusing to revoke the letters of administration.
The account purported to give a detailed and itemized statement of all sums received and of all amounts paid out during the period covered by it. This account was contested by appellants, creditors of the estate, who filed their objections in writing to “each and every item of disbursements therein contained, except the items of taxes, upon each of the following grounds, to wit:—
The bill of exceptions shows that upon the hearing “each and every item set forth in said account was proven by competent testimony to be true, with the exception of those items the consideration of which has been continued until the hearing of the final account in said matter.”
Appellants do not now attempt to attack any item in the account, nor do they claim that the finding as to any item is unsupported by the evidence.
The main contention is, that the administrator has neglected for an unreasonable time to have the money on hand distributed or paid to the creditors, and that…