In re the Estate of Thorman
Supreme Court of Iowa
Appeal fro'm< Fayette District Court. — Hon. A. N. Hobson, Judge, Louisa Thorman, widow of William Thorman, deceased, filed her petition asking to have one-third of the real estate and personal property of deceased set off to her. The prayer of the petition also asks that the exempt property be set off to her. Appellees answer, setting lip an antenuptial contract between plaintiff and her deceased husband by which they claim the widow had waived her rights as widow.
Read the full summary
Appeal fro'm< Fayette District Court. — Hon. A. N. Hobson, Judge, Louisa Thorman, widow of William Thorman, deceased, filed her petition asking to have one-third of the real estate and personal property of deceased set off to her. The prayer of the petition also asks that the exempt property be set off to her. Appellees answer, setting lip an antenuptial contract between plaintiff and her deceased husband by which they claim the widow had waived her rights as widow. They also set up a will of said deceased, which had not yet been probated. The widow demurred to the answer, setting up numerous…
1Opinion of the CourtPeeston, J.
The judgment of the district court determined that the widow is not entitled to a distributive share and is silent as to the exempt personal property. The petition does not allege that any of the personal property was exempt, and does not describe any personal property as exempt, and does not claim that there is any exempt personal property. The prayer of the petition asks that the exempt personal property be set off to her. This is the only reference to exempt personal property. This may be the reason why the court, in its judgment, only referred to the distributive share.
The petition is…
2Cases cited11 opinions
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Mahaffy v. MahaffySupreme Court of Iowa · 1884
- Peet v. PeetSupreme Court of Iowa · 1890
- Jacobs v. JacobsSupreme Court of Iowa · 1876
- Devoe v. AtkinsonSupreme Court of Iowa · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Estate of ParishSupreme Court of Iowa · 1945
- McMinimee v. McMinimeeSupreme Court of Iowa · 1947
- Veeder v. VeederSupreme Court of Iowa · 1923
- Christians v. ChristiansSupreme Court of Iowa · 1950
- Rankin v. SchiereckSupreme Court of Iowa · 1914
5 more not listed; retrieve them via the Exa API.