Ratcliff v. Davis
Supreme Court of Iowa
Appeal from Madison Circuit Court. It appears from the petition in this case that Philena Y. Davis was the lawful wife, and is now the widow, of John Davis, deceased, who died seized of a quarter section of land in Madison county. Pliilena Y. Davis is, and has been for a number of years, incurably insane, and has been kept in one of the state insane asylums, and in the county poor house of Madison county.
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Appeal from Madison Circuit Court. It appears from the petition in this case that Philena Y. Davis was the lawful wife, and is now the widow, of John Davis, deceased, who died seized of a quarter section of land in Madison county. Pliilena Y. Davis is, and has been for a number of years, incurably insane, and has been kept in one of the state insane asylums, and in the county poor house of Madison county. The plaintiff, Ratliff, is her guardian, and he alleges that hid said ward is indebted to Madison county in the sum of $1,054 for the expenses incurred in the maintenance of said ward, which…
1Opinion of the Court
Rothrock, Ch. J.
It is not necessary to set out all of the grounds of the demurrer. Oue of them is to the effect that it is not within the power of the guardian to waive the homestead rights of his ward. Mrs. Davis should be regarded as merely temporarily absent from her homestead. And, besides, it is questionable whether she should be regarded as absent. It1 appears from the petition that some of the children are occupying the homestead. But, even if she should never return to her family,her distributive share is required bylaw to be set off so as to include the homestead, “unless she prefers…
2Cited by3 opinions
- Singleton v. National Land Co.Supreme Court of Iowa · 1918
- Darlington v. PerryIllinois Supreme Court · 1933
- In Re Guardianship of BriceSupreme Court of Iowa · 1943