Wilmington v. Sutton
Supreme Court of Iowa
Appeal from the Appanoose District Court. "Wilmington, as administrator of tbe estate of Michael S. Beaver, brought his action of replevin for four head of work cattle, in the possession of the defendant, Sutton. It is admitted that the property belonged to said Beaver, at the time of his death. It is also admitted that he left a widow, who afterwards intermarried with one Moore.
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Appeal from the Appanoose District Court. "Wilmington, as administrator of tbe estate of Michael S. Beaver, brought his action of replevin for four head of work cattle, in the possession of the defendant, Sutton. It is admitted that the property belonged to said Beaver, at the time of his death. It is also admitted that he left a widow, who afterwards intermarried with one Moore. Defendant also admits that plaintilf is the administrator of Beaver, and that said Beaver left minor children him surviving, who resided with their mother as the head of the family. The answer sets up that Moore was…
1Opinion of the CourtWright, C. J.
— We think it fair to conclude from this record, that the cattle in controversy were in the possession of the widow, either as property exempt from administration, or as belonging to her distributive share of her husband’s estate, after the payment of debts. By the Code, it is made the duty of the administrator, to omit from the appraisement and administration, certain personal property, but such property is to remain with the widow, for her use, and that of the family, until disposed of according to law. Section 1329. And while this property may not have been, within the meaning of this…
2Cited by3 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Ellsworth v. EllsworthSupreme Court of Iowa · 1871
- Gaskell v. CaseSupreme Court of Iowa · 1864