Gaskell v. Case
Supreme Court of Iowa
Appeal from Keolmh District Court. Demurrer to petition. The petition alleges, in substance, that the plaintiffs are of age, and the only heirs-at-law of Aaron Gaskell, deceased, and who died in June, 1854; that his widow, Hannah L., intermarried with the defendant, John Case, soon after the property hereinafter named was set apart to the said Hannah; that, in 1855, the County Court set apart to Hannah, as the widow of Aaron, for the benefit of her children (the plaintiffs),…
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Appeal from Keolmh District Court. Demurrer to petition. The petition alleges, in substance, that the plaintiffs are of age, and the only heirs-at-law of Aaron Gaskell, deceased, and who died in June, 1854; that his widow, Hannah L., intermarried with the defendant, John Case, soon after the property hereinafter named was set apart to the said Hannah; that, in 1855, the County Court set apart to Hannah, as the widow of Aaron, for the benefit of her children (the plaintiffs), and not as her distributive share, a horse, two cows, one wagon, fifteen sheep, &c.; that, after the marriage of the…
1Opinion of the CourtDillon, J.
1. Executor: property set apart to widow. The property, for the value of -which this action was brought, was set apart to the widow, under §2361 of the Revision. This section provides that, “ when the deceased leaves a widow no prop- . . erty which, m her hands, as the head of a family, would be exempt from execution, shall be deemed assets, or administered upon as such; but the same, after being inventoried without appraisement, shall remain with her and the family until disposed of according to law"
In relation to the distribution of the personal property of intestates, the statute contains…
2Cases cited1 opinion
- Wilmington v. SuttonSupreme Court of Iowa · 1858
3Cited by2 opinions
- Paup v. SylvesterSupreme Court of Iowa · 1867
- Rands v. BrainUtah Supreme Court · 1887