Mock v. Watson
Supreme Court of Iowa
Appeal from Monroe Circuit Cou/rt. Plaintiff, who is the widow of John Mock, deceased, filed her petition in this case, setting out that her late husband died seized of certain lands described therein, and asking that her interest in such real estate, as the widow of decedent, be admeasured and set apart to her.
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Appeal from Monroe Circuit Cou/rt. Plaintiff, who is the widow of John Mock, deceased, filed her petition in this case, setting out that her late husband died seized of certain lands described therein, and asking that her interest in such real estate, as the widow of decedent, be admeasured and set apart to her. In the petition defendants, who are heirs of deceased, answered setting up that the estate was indebted in a large sum, and no assets existed, other than the lands described in the petition, for the payment of such indebtedness. Upon this state of facts they objected to the relief…
1Opinion of the Court
Beck, J. —
The sole question presented by the record before us for our determination is this: Is the interest of a widow in the lands of her deceased husband subject to debts against the estate, or is it to be set apart before the payment of debts and held by her free therefrom?
power : debts widow>sSin-e: terest. The question involves the consideration and interpretation of certain statutory provisions. We can obtain no assistance reaching a conclusion upon the question from *be books, as the rules and principles applicable to the estate in dower are inapplicable here. Our statute expressly…
2Cited by25 opinions
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- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
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- Ditson v. DitsonSupreme Court of Iowa · 1892
- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
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