Miller v. Collins
Supreme Court of Iowa
Appeal from Davis District Court. — Hon. E. W. EiohelBERGER, Judge. Mary Miller, as widow of Isaac Miller, deceased, presented to the court in which the settlement of the estate was pending an application for allowance for support for one year, alleging that she was left without money or property to support her during the year for administration of the estate.
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Appeal from Davis District Court. — Hon. E. W. EiohelBERGER, Judge. Mary Miller, as widow of Isaac Miller, deceased, presented to the court in which the settlement of the estate was pending an application for allowance for support for one year, alleging that she was left without money or property to support her during the year for administration of the estate. This application was resisted by the executor on the ground that- prior to her marriage to deceased the applicant had entered into a written antenuptial contract which precluded her from making such claim. There was a trial to the court…
1Opinion of the CourtMcClain, J.
In Code, section 3314, it is provided that the probate court may make an allowance to the widow of decedent and to his children under fifteen years of age, or to either, of a suitable sum for their support for a period of one year. It is not contended that the allowance made in this case was not authorized, save on the ground that there was an antenuptial contract between the widow and deceased which excluded her from the benefit of such statutory provision. This contract, so far as material, was in the following terms: “We and each of us agree to marry the other, and, should the said Mary…
2Cases cited4 opinions
- Phelps v. PhelpsIllinois Supreme Court · 1874
- Mahaffy v. MahaffySupreme Court of Iowa · 1884
- Pulling v. DurfeeMichigan Supreme Court · 1891
- In re Estate of PeetSupreme Court of Iowa · 1890
3Cited by18 opinions
- Bankers Trust Company v. AllenSupreme Court of Iowa · 1965
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Bacus v. BurnsSupreme Court of Oklahoma · 1915
- Wilson v. WilsonSupreme Court of Colorado · 1913
- Alexander v. CommissionerUnited States Tax Court · 1955
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