In re Estate of Telsrow

The will of John Telsrow, deceased, was filed for probate in the office of the clerk of the district court of Cedar County, Iowa, on March 22, 1944. On April 5, 1944, Harold Telsrow, a nephew of the deceased and a legatee under the will, filed an application for his appointment as special administrator. On the same day the court made an order appointing him special administrator and the order directed that letters be issued to him upon the filing of a bond in the sum of $25,000. On April 13, 1944, Matilda Telsrow and Emma Korthaus, sisters of the decedent, filed their petition to set aside the order appointing Harold Telsrow special administrator, and asking the appointment of Henry Hansen as special administrator. An order was made by the court fixing April 21, 1944, as the time for hearing on said petition and prescribing notice to Harold Telsrow. On April 19, 1944, Harold Telsrow's bond was filed with the clerk. The bond had on it an oath which had been executed by Harold Telsrow on April 5, 1944. On April 21, 1944, Matilda Telsrow and Emma Korthaus filed their objections to the probate of the will, alleging its improper execution, that deceased was of unsound mind, and that two of the proponents had exerted undue influence in securing the execution of the will. Also on April 21, 1944, Harold Telsrow filed his resistance to the petition to set aside the order appointing him special administrator, and counsel for Harold Telsrow and the petitioners made statements to the court, but the hearing was continued to April 26th to enable both sides to present testimony. On April 26, 1944, both sides presented testimony touching the qualifications of Henry Hansen and Harold Telsrow to act as special administrator. The evidence showed that Henry Hansen was a banker at New Liberty, Iowa, with some experience as administrator of estates, and with no interest in this estate: that Harold Telsrow, who was twenty-six years of age, while [235 Iowa Page 765] somewhat inexperienced, was not unqualified or incompetent but he had an interest in the estate in that he was a legatee under the will, but not an heir, and his mother was one of the proponents who was charged with exerting undue influence in the objections filed against the probate of the will. The clerk also testified that he received Harold Telsrow's $25,000 bond in the mail on April 19th but he had issued no letters because the judge had instructed him not to issue letters if the bond was presented.