88 Iowa 493 | Iowa | 1893
I. The following statement of the facts made by the appellant is correct, and sufficiently presents the questions discussed: “That appellant, since June 12, 1888, has been the administrator of the estate of C. E. Hayes, who died intestate, domiciled at Tama county, in this state, April 28, 1888, the owner of the east half of section twenty-eight, and the north half of the southeast quarter, and the southeast quarter
II. Under our statute one-third in value of all the legal or equitable estate in real property possessed by her Jhusband at any time during the marriage, which had
III. The only statutes under which executors and .administrators are entitled to rents of real estate accru
Toerring v. Lamp, 77 Iowa, 488, is distinguishable from this case in several important particulars. This is an action by the administrator to recover rent from the widow and heirs, whose liability to any one is at least questionable. That case was against the tenant under a lease for twenty years, executed by the deceased, and there was no question of the defendant’s liability to some one. In that case the administrator had an order of court, made with the consent of the widow and heirs, to collect that rent. In this there is no such authority. It is said in that case: “It may be that such consent was given with the understanding that no right to them was thereby waived; but, under the admitted facts of the case, the rents are not exempt, and will have to be retained by plaintiff to discharge the debts of the estate.” Eents and profits, like the real estate itself, may be subjected to the payment of debts when the personal assets are insufficient, in the manner provided, but not otherwise.
Our conclusion is that the judgment of the district court should be affirmed.