Kendall v. Kendall
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. The plaintiff petitions foi’ dower of one-tliird in fee simple of all the lands of which her husband, R. O. Kendall, died seized.
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Appeal from Des Moines Circuit Court. The plaintiff petitions foi’ dower of one-tliird in fee simple of all the lands of which her husband, R. O. Kendall, died seized. The appellants, A. O. Dodge and others, by leave of the court filed their petition of intervention, claiming that said Dodge recovered a judgment against the administrator of the estate of Kendall for $7,635.53, which was still unsatisfied, and that the other intervenors were creditors of the estate in certain stated sums. That in 1857 said R. C. Kendall purchased with his own means certain lots in Burlington, and ho…
1Opinion of the CourtRothkook, J.
No objection is made to the right of the creditors to intervene. The appellants in argument claim that the widow is not entitled to dower for two reasons:
1. “She got the bulk of her husband’s estate as a home.stead,” and 2. “Under our statute the widow is not entitled to dower, till the debts of the hupband are paid.”
*4661. HOMESTEAD: husband and wife: conveyance *465I. In regard to the first point it is a sufficient answer *466thereto, that while it is true the petition alleges that the homestea(l was purchased with the husband’s means,- ^ does not state that when conveyance was made to the wife he was…
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