115 Iowa 77 | Iowa | 1901
Code, section 2985, provides that on the death of the owner of the homestead the surviving husband or wife according to the rules of descent, unless in lieu of a distributive share of the real estate of the deceased; “but if there be no survivor, the homestead descends to the issue of either husband or wife according to the rules of descent, unless otherwise directed by will, and is to be held by such issue exempt from any antecedent debts of their parents or their own, except those of the owner' thereof contracted prior to its acquisition.” Under this section i't has been held that, even though the survivor retains the homestead for life, the heirs inherit the remainder free from debts (Johnson v. Gaylord, 41 Iowa, 362), and that where, in making distribution of the homestead, sale thereof is necessary, the proceeds pass to the heirs exempt from their debts. Kite v. Kite, 79 Iowa, 491. In Reifenstahl v. Osborne, 66 Iowa, 567, it was held that a conveyance of the homestead by husband and wife to their son, with reservation to occupy during life, did, not entitle him to hold the remainder exempt from his own debts; and while it is said in that case, approving a suggestion in
A motion is submitted with the case to strike from the record the evidence taken in the lower court on the motion to discharge the garnishee. The ground relied on is that the evidence is preserved only by a skeleton bill of exceptions, making the shorthand notes a part of the record, and that it does not appear that the transcript of the notes from which the record is made has ever been certified by the shorthand reporter. A determination of this motion would probably result in affirmance but as we reach the same result on the merits, we prefer not to rule on the motion. — Affirmed.