120 Iowa 536 | Iowa | 1903
George Busby, a resident of Linn county, died testate, April 5, 1899, leaving surviving him his widow, Susan E. Busby, and two minor children, aged, respectively, eight and thirteen years. On September 21, 1899, the widow petitioned the court for an allowance from t.he estate for a year’s support for herself and minor
II. The allowance to a widow for a year’s support is-not a mere charity, to be withheld because she has property of her own by which she could possibly keep herself
Assuming that the insurance money and the legacy of $3,000 had been invested in six per cent, securities, the income thus produced added to the annuity provided' for the benefit, the entire income obtainable under the will was. $600, none of which, as we have observed, wa's available until the end of the year. The effect of the order' of allowance, therefore, was simply to require the estate to
III. As already stated, the order making the allowance was made at the Septem her term of the district court in 1899. The appellee admits that he learned of the application
For. the reasons stated, the judgment of the district Court ÍS REVERSED.