Linton v. Crosby
Supreme Court of Iowa
Appeal from Clayton Circuit Court. 'The defendant is the executor of John Linton and the qtla.int.iff is the widow of the latter. They were married in 1861, and lived and cohabited together as man and wife in her house at Garnavillo until the year 1868, when they separated, and have since then lived apart.
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Appeal from Clayton Circuit Court. 'The defendant is the executor of John Linton and the qtla.int.iff is the widow of the latter. They were married in 1861, and lived and cohabited together as man and wife in her house at Garnavillo until the year 1868, when they separated, and have since then lived apart. There was no issue, and Dr. Linton died in 1878.1 After the separation the plaintiff sup ported herself from her separate property, and Dr. Linton lodged in his office and was a boarder in the family of others Previous to his death Dr. Linton disposed of all his property by will, to persons…
1Opinion of the CourtSeevers, J.
i. exemption: bead of family: imswife. Eor the purposes of this case it must be conceded if Dr. Linton at the time he died was the head of a family the property in controversy, or some of it, J J J . , . . . . was exempt from execution during his lifetime. It is provided by statute: “ If the debtor is a resident of this State and is the head of a family ” certain personal property named in the statute shall be exempt from execution. Eev., § 3305, Code, § 3072.
“ Where the deceased leaves a widow all personal property which, in his hands as the head of the family, would be exempt from execution…
2Cases cited2 opinions
- Van Doran v. MardenSupreme Court of Iowa · 1878
- Whalen v. CadmanSupreme Court of Iowa · 1860
3Cited by14 opinions
- In Re Estate of MillerCalifornia Supreme Court · 1910
- In re Shedd's EstateNew York Supreme Court · 1891
- Menefee v. ChesleySupreme Court of Iowa · 1896
- Snyder v. GuthrieSupreme Court of Iowa · 1922
- Linton v. CrosbySupreme Court of Iowa · 1883
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