56 Iowa 625 | Iowa | 1881
Section 1182 of the Code provides that a policy of insurance on the life of an individual shall inure to the sepai’ate ■use of the husband or wife and children of said individual, Independently of creditors. It is urged, by counsel for appellees that upon the death of James H. Latty his wife and •children at once became the absolute owners of the policy of Insurance, and that the collection thereof by the administratrix being without authority of law, there can be no liability -for the proceeds as against the sureties in the bond. ‘But by the provisions of section 2370 an administrator is required to inventory all the personal effects of the deceased, of every description, as well the general assets as that which is exempt, .including any claim for life insurance. He is also required rto cause to be appraised and set apart to the widow the personal property which would be exempt from execution. Section 2371 to section 2372 provide that “the avails of any 'life insurance * * * are not subject to the debts of the deceased * * * but shall in'other respects be disposed of like •other property left by the deceased.”
There is nothing in these views inconsistent with the case of Adkinson v. Breeding, ante, 26. In that ease the widow took possession of certain exempt properly and retained it until her death. After her death an administrator of the estate of her deceased husband was appointed, who seized the property as assets of the husband’s estate. It waB held that the property belonged to the estate of the wife, and that her right did not depend upon an inventory and appraisement. ■ If an administrator of the husband’s estate had been appointed during the life of the widow, and he upon making an inventory of the property had converted it to his own use, the facts would have been somewhat analogous to this case. In such case we think he would have been liable on his bond.
Affirmed.