Perkins v. Hinckley
Supreme Court of Iowa
Appeal from, Johnson Oi/rcwit Court. The defendant is administrator of the estate of E. S. Perkins. At the time of the latter’s death, he owned a certificate of deposit issued by a bank for $1,000, which money had been received from the United States government as and for a pension granted him.
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Appeal from, Johnson Oi/rcwit Court. The defendant is administrator of the estate of E. S. Perkins. At the time of the latter’s death, he owned a certificate of deposit issued by a bank for $1,000, which money had been received from the United States government as and for a pension granted him. The plaintiff is the widow of said E. S. Perkins,' and she in her petition asked the circuit court to order the defendant to deliver the said certificate to her, upon the ground that the money was exempt from execution, and that she, as widow, was entitled thereto. This was denied by the defendant, and…
1Opinion of the CourtSeevers, J.
It is provided by statute that “all money received by any person * "* * as a pension * * * shall be exempt from execution, * * * whether such pensioner shall be the head of a *500family or not.” Chapter 23, Laws Twentieth General Assembly. It is obvious that under this statute the money in question was not exempt from execution because E. L. Perkins was the head of a family. If he had never been married, the money was just as clearly exempt. The Code provides that, “when the deceased leaves a widow, all personal property which, in his hands, as the head of a family, would be exempt from…
2Cited by3 opinions
- Appanoose County v. CarsonSupreme Court of Iowa · 1930
- Beatty v. WardellSupreme Court of Iowa · 1905
- United States v. FrizzellCourt of Appeals for the D.C. Circuit · 1901