139 Iowa 629 | Iowa | 1908
Tbe plaintiff avers: That sbe was married to tbe deceased, William, Rice, in 1859. That in 1864 or 1865 be received in her behalf certain moneys, amounting to $2,300, from the administrator of the estate of her deceased father, and that be signed a receipt therefor jointly with the plaintiff. That on September 18, 1865, as evidence of said trust he executed an instrument in writing as follows: “September 18, 1865. Tlwo years after díate I promise to pay Emily M. Rice the sum of $2,100 for value received. The condition of this note is that it is to draw no' interest for twelve months after my death. [Signed] William H. H. Rice.” That under the said instrument an express trust was created, and the said William H. H. Rice never denied the said trust in his lifetime, and never repudiated the same. The plaintiff’s principal contention is that, under the law in force at the time said contract was made, she could not maintain an action at law against her husband, and that her only remedy under the statutes at that time was to present her claim against the estate of her husband after death, or after insolvency or bankruptcy, if living. She contends that the law then existing became a part of the contract, and that it could not be altered by subsequent legislation, and that the statute of limitations, therefore, has never commenced to run against her until the death of her husband.
The trial court properly sustained the demurrer, and the judgment is affirmed.