72 Iowa 663 | Iowa | 1887
Tire case was decided below on a demurrer to the petition. It is alleged in the petition that the estate is
The real question in the case, however, is whether, where the estate of an insane person is inadequate for the payment of his debts, an allowance can be made for the support of his family out of that portion of his estate which otherwise would be subject to bo appropriated to the satisfaction of his debts. There is no provision of the statute which expressly authorizes such appropriation.
It is provided by Code, § 227G, that wherever the real estate of a ward of this class is necessary for his support, or the support of his family, or the payment of his debts, or it will be for the interest of his estate or his children, the guardian may sell the same; and, by section 2278, that if the estate is insolvent, or will probably be insolvent, the same shall be settled by the guardian in like manner, and like proceedings may be had, as is or may be required by law for the settlement of the estate of a deceased person. It is also provided by section 2375 that “the court shall, if necessary, set off to the widow and children under fifteen years of age, of the decedent, sufficient of his property, of such kind as it shall deem appropriate, to support them for twelve months from
The right created by section 2375, by the express terms of the section, is for the benefit of the widow and children of the decedent. The section creates a right in their favor after the death of the husband and father; the right being to a support for a limited period out of the estate. In the absence of such provision, their right to a support would terminate at his death ; and the property, unincumbered by any claim by them for support, would take the course of descent prescribed by the law. The section is a special provision, applicable, by its terms, to particular cases; and the benefits created by it cannot be extended to other classes than those
In our opinion, the order of the district court should be
AFFIRMED.