Caldwell v. Estate of Caldwell
Supreme Court of Iowa
Appeal from Wapello Circuit Court. This is an appeal from an order denying the plaintiff, as widow of S. T. Caldwell, deceased, an allowance for support for herself and two minor children, from his estate. Her . petition showed that she had the care of two children under ■fifteen years of age, and that six hundred dollars was necessary for their and her support for the period of twelve . months from the time of her husband’s death.
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Appeal from Wapello Circuit Court. This is an appeal from an order denying the plaintiff, as widow of S. T. Caldwell, deceased, an allowance for support for herself and two minor children, from his estate. Her . petition showed that she had the care of two children under ■fifteen years of age, and that six hundred dollars was necessary for their and her support for the period of twelve . months from the time of her husband’s death. Cora E. Caldwell and Della M. Caldwell, children of S. T. Caldwell by a former wife, and over fifteen years of age, appeared and resisted the plaintiff’s…
1Opinion of the Court
Adams, Cu. J.
i. estate : widow^tiscourt. The application was made under section 2375 of the Code, which is in these words: “The court shall, if necessary, set off to the widow, and children under fifteen years of age, of the decedent, sufficient of his property, of such kind as it shall deem appropriate, to support them for twelve months from the time of his death.”
The plaintiff insists that under the facts of this case an allowance was necessary, within the meaning of the Code. She insists that whether the estate is large or small she and the children under fifteen years of age are entitled…
2Cited by2 opinions
- In Re Estate of ShivversSupreme Court of Iowa · 1948
- In re the Estate of DewellSupreme Court of Iowa · 1893