52 Iowa 375 | Iowa | 1879
“It is a rule of construction that when a doubtful statute is susceptible of two constructions, one of which will give effect to the whole, and the other render inoperative a portion thereof, the former should prevail.” Rheim v. Robbins, 20 Iowa, 45. Another rule to be observed is, that two or more statutes on the same subject must be construed with reference to each other.
Applying these rules in construing these two sections, it seems to us that the wife is entitled to the whole of the insurance. We reach this conclusion upon the strength of section 1182 of the Code, which provides that the policy shall inure to the separate use of the husband, or the wife and children. This provision, as wo have seen, was first enacted in the laws of the 12th general assembly. At that time section 2362 of the Revision was in force, which provided that the avails of life insurance should not be subject to the debts of the deceased, but should in other respects be disposed like other property left bj^ the deceased. Both provisions having been retained, both must be considered in force. Each, too, must be so construed that it will have a force of its own, unless its
The provision was manifestly designed to restrict the distribution of the avails of life insurance to the classes named. We do not infer this merely from the fact that the legislature must'be presumed to have had some object. The language used indicates very clearly that the legislature had in view restriction in distribution. The provision is that the policy shall inure to the separate use of, etc. Now these words are not used to cut off creditors. They were cut off before. Separate use, therefore, does not mean a use separate from the creditors. The restriction, then, must have reference to those wiio might otherwise take as distributees.
The provision of section 2372 of the Code, that the avails of life insurance “shall in other respects be disposed of like other property left by the deceased,” does not necessarily mean that it shall be distributed to the same class or classes of persons. The avails will, in some sense at least, be disposed of like other property left by the deceased, if distributed by the administrator to the persons entitled thereto under the law governing the distribution. It should be restricted to the classes named in section 1182, if both or one exists; but if not, it should be distributed according to the general statute for the distribution of property. This construction gives each one of the sections in question a force of its own, and we think does violence to neither. •
Reversed.