Estate of Morelli

DEIRUP, J. pro tem.

On July 18, 1941, Angelo Morelli executed a will by which he left all of his property to the respondent, his widow. He died on March 28, 1947. Respondent was appointed. executrix without bonds and proceeded with the administration of the estate. Appellants are four daughters of the testator by a previous marriage. Each of them presented a claim against the estate, based on a promissory note for $500, signed by the testator and payable 10 years after date without interest. All of the claims were rejected. The notes were dated July 18, 1941 (the date of the will), so suits cannot be filed on the claims until July 18, 1951.

[41]

On April 21, 1949, the respondent filed an account, report and petition for partial distribution. It appears therefrom that the time for the presentation of claims had expired and that all inheritance taxes and debts and expenses of administration, including the statutory fees of the executrix and her attorney, had been paid excepting the claims of the appellants, amounting to $2,000. The cash in the estate being less than the total charges, the respondent had deposited with herself as executrix $2,448.05 to cover the deficit and leave a balance of $2,000 to cover the claims. She asked for partial distribution of stocks, bonds and securities appraised at $620, and real property appraised at $4,000.

Appellants filed numerous objections. When the matter came on for hearing the trial judge heard the respondent’s testimony and, being satisfied that the account was correct and that the appellants would be fully protected by the deposit of a fund in court, announced that he would impound the money for their protection. He refused to permit counsel for appellants to cross-examine the respondent and entered an order by which he allowed the account and granted partial distribution but ordered that the $2,000 balance plus $100 for costs be paid into court. The appellants have appealed from the order except as to the portion thereof requiring the deposit in court of $2,100.

It will be noted that the unpaid debts of the estate amounted to nearly half of the property that remained in the estate but that the respondent, who was entitled to the entire residue, had paid to herself as executrix a sum sufficient to leave a net balance equal to the total claims of the appellants.

We have found no reported case which has dealt with a similar factual situation. We suspect that such situations have often arisen but that creditors, feeling content with the security for the payment of their claims, have not taken appeals.