Elkhart County Department of Public Welfare v. Kehr

Dissenting Opinion

Emmert, J.

This appeal involves the adjudged priority of the widow’s preferred claim for $1,000 (§6-711, Burns’ 1933 (Supp.) ) over an old-age assistance lien (§52-1214, Burns’ 1951 Replacement) held by appellant. The facts were stipulated, appellant’s motion for new trial, which questioned the sufficiency of the evidence, was overruled, and this ruling is assigned as error on appeal.

George Kehr died intestate, a resident of Elkhart County, on March 1, 1951, leaving surviving him his *143widow, Dora Kehr, three sons and two daughters. On April 3, 1947, appellee’s decedent…