O'Melia v. Hoffmeyer
Supreme Court of Iowa
Appeal from Muscatine District Court. — Hon. A. H. House, Judge. F. B. Hoffmeyer died January 7,1899. He was unmarried, and left a certificate of insurance in the Modern. Brotherhood of America for $2,000, payable to himself or legal representatives. Edward A. Hitchcock was appointed .administrator of the estate January 30, 1899, and received $1,996.40 on this certificate the same day.
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Appeal from Muscatine District Court. — Hon. A. H. House, Judge. F. B. Hoffmeyer died January 7,1899. He was unmarried, and left a certificate of insurance in the Modern. Brotherhood of America for $2,000, payable to himself or legal representatives. Edward A. Hitchcock was appointed .administrator of the estate January 30, 1899, and received $1,996.40 on this certificate the same day. Two days later ■execution was issued on a judgment rendered in favor •of Michael O’Melia against M. O. Hoffmeyer, the mother of the deceased, and W. F. Hoffmeyer, a brother, for $839, ■September 26, 1891, and…
1Opinion of the Court
Ladd, J.._______' . failure to: reply to. The oral answer of the administrator, as garnishee, taken in open court, was to the effect that he had received payment of the indemnity on the life of deceased. As neither wife nor children survived him, and his father had died in 1871, kjs mother, M. O. Hoffmeyer, the judgment defendant, was his sole heir. In the absence of any special contract or arrangement, the money was not subject to the payment of his debts, and the garnishee held the money for her only. Section 1805, Oode. But it was not exempt from the payment of her debts, and plaintiff, on…
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