Matter of Estate of Young

UHLENHOPP, Justice.

This appeal involves the authority of a probate court to establish a trust to administer wrongful death damages.

Jerry Young and his wife Virgene Mae Young, deaf mutes, had two children, Martha and Dick. Jerry sustained severe personal injuries and Virgene was killed in an automobile accident on March 10, 1975. At that time § .633.336 of the Iowa Probate Code provided:

When a wrongful act produces death, damages recovered therefor shall be dis posed of as personal property belonging to the estate of the deceased, but if the deceased leaves a spouse, child, or parent, it shall…