Kelley v. Wilson
Supreme Court of Iowa
Appeal from Keolcuh District Court. — Hon. B. W. Preston, Judge. F. Emma Skillman died testate and childless July 27, 1907, but left surviving her a husband, E. H. Skillman By the’terms of the will, she directed the payment of all just debts, and left one-third of two lots and all other property save her household goods to her husband, two-thirds of the lots and said household goods to her sister Mary E. Springer, and the residue of the estate to said Mary E. Springer and…
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Appeal from Keolcuh District Court. — Hon. B. W. Preston, Judge. F. Emma Skillman died testate and childless July 27, 1907, but left surviving her a husband, E. H. Skillman By the’terms of the will, she directed the payment of all just debts, and left one-third of two lots and all other property save her household goods to her husband, two-thirds of the lots and said household goods to her sister Mary E. Springer, and the residue of the estate to said Mary E. Springer and another sister, Eva L. Wilson. The will was admitted to probate and executors appointed and qualified. The husband, E. H.…
1DissentMcClain, J.
(dissenting). — Notwithstanding statutory provisions enabling married women to enter into contracts and hold property in their own right, and authorizing the enforcement of claims against their estates to the same extent and in the same manner as claims may be enforced against the estates of men and of single women, it certainly remains true in this state, as generaly elsewhere, that the husband is liable for expenses - of the last sickness of his wife and the expenses of the burial of her body after her death. Such liability exists without specific statutory provision. Gould v. Moulahan, 53…
2Cases cited9 opinions
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Constantinides v. WalshMassachusetts Supreme Judicial Court · 1888
- Johnson v. BarnesSupreme Court of Iowa · 1886
- Schneider v. Estate of BreierWisconsin Supreme Court · 1906
- Mowry v. ChaneySupreme Court of Iowa · 1876
4 more not listed; retrieve them via the Exa API.