100 Iowa 708 | Iowa | 1897
Matthew Neisus died intestate on the fourth day of July, 1898, leaving a widow and one
It is also claimed that defendant 'had the use of the property of the deceased from the time of his death until the appointment of the administratrix, in December, and that the delay he secured by the promise was of advantage to him. We do not’ think the facts disclosed justify this claim. It is true, defendant did have the possession of some of the property; but he took it at the instance and suggestion of his daughter, the widow of the deceased, and held it for her, and gained no personal advantage therefrom. The promise made by the defendant was clearly collateral, and not an original pne, for it was not supported by any consideration moving to him. Not only did no advantage move to the defendant in this case, but no disadvantage resulted to plaintiff by reason of his forbearance. The setting aside of the exempt property to the widow, and payment of the claim for rent, which was a prior lien upon what remained, exhausted the entire estate, and there was nothing left for the general creditors. Had plaintiff proceeded immediately, he could have made nothing on his claim. The fact is not tp be
Some other questions are discussed by counsel, but what we have said disposes of all of them. Our conclusion is that the court correctly sustained the defendant’s motion, and the judgment is affirmed.