Elkhart County Department of Public Welfare v. Kehr

The sole question presented by this appeal is whether or not the widow’s statutory allowance, as provided by §6-711, Burns’ 1951 (Supp.), Acts of 1881 as amended by Acts of 1949, ch. 52, p. 155, §1, constitutes a prior and preferred claim to that of a welfare lien on real estate created by §§52-1213 and 52-1214, Burns’ 1951 Replacement.

Appellee’s decedent, John F. Kehr, died in Elkhart County, Indiana, March 6, 1951, leaving surviving him, among other heirs, his widow, Dora Kehr, who had been his wife for more than twenty years. The assets of the estate were insufficient to pay the widow’s…