Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
[Sidenote: How set off.]
The share thus allotted to her may be set off by the mutual consent of
all parties interested, when such consent can be obtained, or it may be
set off by referees appointed by the court. [§3647.]
[Sidenote: Application]
The application for such measurement by referees, may be made any time
after twenty days and within ten years after the death of the husband,
and must specify the particular tracts of land in which she claims her
share, and ask the appointment of referees. [§3648.]
[Sidenote: Widow's share not affected by will.]
The widow's share cannot be affected by any will of her husband, unless
she consents thereto within six months after notice to her of the
provisions of the will by the other parties interested in the estate,
which consent shall be entered on the proper records of the district
court. [§3656.] This provision applies equally to the husband's rights
under the will of the wife, and it applies to wills made before
marriage, as well as to those executed after marriage. Where there is no
express provision in the will that a devise to the wife is in lieu of
dower, she will take her distributive share of the estate in addition to
the property devised to her by will, unless the allowance of dower would
be inconsistent with other provisions of the will. The devise of a life
estate to a wife will not defeat her right to her distributive share in
the real estate owned by the husband at the time of his death.
[Sidenote: Descent. To children.]
Subject to the rights and charges hereinbefore contemplated, the
remaining estate of which the decedent died, shall, in the absence of
other arrangements by will, descend in equal shares to his children.
[§3657.]
[Sidenote: Share of deceased child.]
If any one of his children be dead, the heirs of such child shall
inherit his share in accordance with the rules herein prescribed in the
same manner as though such child had outlived his parents. [§3658.] The
mother of a child which dies while both of its parents are living
cannot, upon the death of its father, claim any share in his estate, as
heir of such child.
[Sidenote: Wife and parents.]
If the intestate leave no issue, the one-half of his estate shall go to
his parents and the other half to his wife; if he leaves no wife, the
portion which would have gone to her, shall go to his parents, [§3659.]
The one-third which the wife takes as her distributive share is all that
may be held exempt from debts. The additional share of the estate which
she takes in case there are no children, is subject to claims by
creditors of the husband.
[Sidenote: Surviving parents.]
If one of his parents be dead, the portion which would have gone to such
deceased parent, shall go to the surviving parent, including the portion
which would have gone to the intestate's wife had she been living.
[§3660.]
[Sidenote: Heirs of parents.]
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