67 Iowa 110 | Iowa | 1885
In April, 1884, O. D. Reinking was appointed administrator of the estate of S. E. Dennis. A few days thereafter the defendant, O. J. Dennis, the widow of the deceased, made an application to the circuit court for an allowance for her support for twelve months, and the following order was made in relation thereto: “ The administrator is authorized to pay to the widow $20, out of the funds in his hands, per month for each month from the death of S. E. Dennis until further order of this court.” A few days afterwards S. A. Robertson filed a claim against tlie estate, and in November following the claim was allowed, and the administrator was directed to pajT said claim in full out of any funds in his hands belonging to the estate. In relation to this claim the court made a finding of facts, the material portions of which are that Dennis in his life-time contracted with the Rev. A. L. Erisbie for the construction of a church, and he contracted with Robertson to furnish certain mate
At the time of making the representations the administrator believed the estate was solvent, but, in fact, it was insolvent, and there are not sufficient funds in the hands of the administrator to pay the allowance made the widow and the amount allowed Robertson; besides which, there are other claims against the estate which have been filed and allowed. Frisbie paid the administrator the amount due Dennis under the contract. ' In January, 3 885, Mrs. Dennis stated to the court that the administrator refused to pay a portion of the allowance made to her, and asked an order requiring him to do so. As an excuse for not paying the allowance made the widow, the administrator set up the allowance made Robertson, and, as he did not have funds to pay both in full; he asked the court to order which should be first paid. The court ordered that the allowance made Robertson should first be paid in full, and the administrator and widow both appeal.
The statute provides that the court shall, if necessary, set off to the widow * * * of the decedent * * * sufficient of his property of such kind as it shall deem appropriate to support her for twelve months from the time of his death. Code, § 2375. Acting under
Reversbd.