First National Bank v. Willie
Supreme Court of Iowa
Appeal from Keoleulc District Court. — IIon. A. B. Dewey, Judge. These are actions on promissory notes, in each of which the plaintiff sued out a writ of attachment, and garnished the executor of the estate of defendant’s father for the share of the estate to which defendant was entitled by will.
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Appeal from Keoleulc District Court. — IIon. A. B. Dewey, Judge. These are actions on promissory notes, in each of which the plaintiff sued out a writ of attachment, and garnished the executor of the estate of defendant’s father for the share of the estate to which defendant was entitled by will. The court overruled a motion to discharge the garnishee, based ou the ground that the fund in the hands of the executor consisted of the proceeds of the homestead belonging to the father at the time of his death, and that defendant’s share thereof was therefore exempt from his debts, and sustained a…
1Opinion of the CourtMcClain, J.
Code, section 2985, provides that on the death of the owner of the homestead the surviving husband or wife according to the rules of descent, unless in lieu of a distributive share of the real estate of the deceased; “but if there be no survivor, the homestead descends to the issue of either husband or wife according to the rules of descent, unless otherwise directed by will, and is to be held by such issue exempt from any antecedent debts of their parents or their own, except those of the owner' thereof contracted prior to its acquisition.” Under this section i't has been held that, even…
2Cases cited4 opinions
- Johnson v. GaylordSupreme Court of Iowa · 1875
- Kite v. KiteSupreme Court of Iowa · 1890
- Moninger & Ringland v. RamseySupreme Court of Iowa · 1878
- Reifenstahl v. Osborne & Co.Supreme Court of Iowa · 1885
3Cited by5 opinions
- Rice v. BurkhartSupreme Court of Iowa · 1906
- Voris v. WestSupreme Court of Iowa · 1917
- Kinzer v. StephensSupreme Court of Iowa · 1903
- In re the Transfer Tax upon the Estate of HawesAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Transfer Tax upon the Estate of HawesAppellate Division of the Supreme Court of the State of New York · 1914