23 N.W.2d 521 | Iowa | 1946
Joe Vetter, administrator of the estate of Charles Ragan, applied to the court for an order to sell the homestead of his decedent to pay claims of the Board of Social Welfare, Division of Old Age Assistance. The claims were for $1,640.30 for money paid to Charles Ragan and $100 toward his funeral expenses and $2,012.40 for money paid to his wife, Louisa J. Ragan, or a total of $3,752.70 paid by the Division of Old Age Assistance. The only property in the estate was the homestead, worth about $1,500. Charles Ragan died November *620 23, 1943, and his wife, Louisa, died October 11, 1944. They had never had any children.
Objections to the application were filed by the brothers and sisters of Louisa J. Ragan and the daughter of her deceased sister. One of the objecting brothers (Grant Griffith) had been appointed administrator of Louisa's estate. In their pleading, called an objection and cross-petition, the objectors denied the sufficiency of the filed claims and asserted that Charles Ragan's title to the homestead rested on a quitclaim deed from his wife, Louisa, dated January 28, 1928. They alleged the deed was delivered at a time when Louisa was sick and thought she would die and it was mutually agreed that if she recovered the deed was to be ineffective. The prayer was for a denial of the application and a decree that the objectors were the owners of the property.
After hearing testimony the trial court denied the objections and ordered the property sold and the proceeds applied on the claims. Upon this appeal the objectors argue that Charles Ragan held the homestead in trust for his wife; that in any event, if Charles Ragan owned the property and his estate was less than $7,500, his wife became the owner of the homestead upon his death; and "the homestead right of the Ragan family became a vested property right and could not be affected by a later statute."
Chapter 249, Code, 1946 [chapter
"On the death of a person receiving or who has received assistance under this chapter or of the survivor of a married couple, either or both of whom were so assisted, the total amount paid as assistance, shall be allowed as a lien against the real estate in the estate of the decedent and as a claim of the second class against the personal estate of such decedent, in the event the estate is admitted to probate. Neither the homestead nor the proceeds therefrom of such decedent or his survivor, shall be exempt from the payment of said lien or *621 claim, any act or statute to the contrary notwithstanding. * * * In case of the death of either husband or wife, either or both of whom have been receiving or have received assistance under this chapter, the estate of deceased shall not be settled or the homestead sold until the surviving spouse shall die or cease to occupy the homestead as such."
A reading of the above statute shows that the first two propositions urged by the objectors are immaterial. The administrator of Louisa's estate was before the court. He testified there was no property in that estate unless it be this $1,500 homestead. We need but comment that the evidence was far short of proving that Charles Ragan held the title in trust for his wife. As surviving spouse, Louisa inherited the homestead upon Charles' death, under section
The third proposition, that a homestead right is a vested property right that cannot be taken away by a later act of the legislature, is without merit. The argument proceeds on the theory that the exemption arising by reason of the homestead character of the property continued beyond the death of Mrs. Ragan and can be asserted by these objectors who are her collateral heirs. Section
"Where the homestead descends to the issue of either husband or wife the same shall 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."
Here there was no issue of either the husband or wife. The homestead character of the property was not perpetuated after the death of the survivor, Mrs. Ragan. Section
"The homestead may be sold to satisfy debts of each of the following classes: * * *
"4. If there is no survivor or issue, for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead."
The administrator of Louisa's estate, Grant Griffith, was one of the objectors. It does not appear that he objected in his representative capacity to assert the exemption his intestate, as survivor, might have had as against the claims. Section 3828.022, previously quoted, provides that the claims cannot be enforced until the survivor has died. The exemption to the survivor is contained in sections 10150 and 10151, Code of 1939. Section
The judgment of the trial court is affirmed. — Affirmed.
All JUSTICES concur.