In re the Estate of Dewell
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. James D. Gteitn, Judge. Proceeding upon the application of Amanda Dewell, widow, for an allowance and for certain orders, and the objections of the administrators and heirs thereto. An order was made, allowing the widow five hundred dollars, from which the administrators and-heirs appeal.
1Opinion of the CourtGiven, J.
Section 2375 of the Code is as follows: “The court shall, if necessary, set off to the widow, and children under fifteen years of age, of the decedent, or to either, sufficient of his property, of such kind as it shall deem appropiate, to support them for twelve months from the time of his death. ” The necessity for an allowance is to be determined largely from the facts of each particular case. The application is addressed to the discretion of the probate court, and this court will not interfere where such' discretion is fairly exercised. Caldwell v. Caldwell’s Estate, 54 Iowa, 456; In re…
2Cases cited2 opinions
- In re Estate of PeetSupreme Court of Iowa · 1890
- Caldwell v. Estate of CaldwellSupreme Court of Iowa · 1880
3Cited by4 opinions
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
- L. E. White Lumber Co. v. County of MendocinoCalifornia Supreme Court · 1918
- Rankin v. RankinSupreme Court of Iowa · 1913