Tama Cnty. v. Kepler
| Decision Date | 22 September 1919 |
| Docket Number | No. 32512.,32512. |
| Citation | 173 N.W. 912,187 Iowa 34 |
| Parties | TAMA COUNTY v. KEPLER. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Tama County; James W. Willett, Judge.
The opinion states the material facts and the nature of the issues tried. Affirmed.H. J. Ferguson, of Tama, for appellant.
R. P. Kepler, of Toledo, pro se.
This is an action at law to recover upon a claim made by Tama county against the estate of Philip Heak, deceased, for expenses incurred in maintaining said Heak in his lifetime at the county poorhouse.
The answer admits that the deceased was a resident of Tama county, who was committed to the state hospital at Independence, Iowa, and that the expense of his support at that institution from the year 1891 to the year 1895 was paid by said county, and that from the year 1895 to his death March 18, 1915, he was kept and maintained by the county at the county home, but denies that the expense so incurred or paid is properly chargeable against the deceased or against his estate. It is further alleged that deceased was an honorably discharged soldier of the United States, having served in that capacity during the War of the Rebellion, that as such veteran soldier he was granted a pension from the United States, and that the only property or estate left by said deceased and coming into the hands of his guardian and administrator is the money so received as pension, which is not liable to be subjected to the payment of the plaintiff's claim. The defendant also pleads the statute of limitations as against so much of the claim as accrued more than five years prior to the death of the intestate.
The issues were tried and submitted upon an agreed statement, reading as follows:
“Agreed Statement of Facts.
It is agreed by the parties hereto that the within agreed statement of facts shall constitute and be taken as the facts of this case:
That on September 5, 1891, Philip Heak, who was then a resident of Tama county, Iowa, was adjudged insane by the insane commissioners of said county, and ordered committed to the insane hospital at Independence, Iowa, where he was confined continuously until the 20th day of May, 1895, on which date he was removed to the county home of Tama county, Iowa, where he was continuously confined until the 17th day of March, 1915, the date of his death; that Exhibit A of plaintiff's petition is a correct statement of account of the moneys paid by Tama county for the care and keep of the said Philip Heak while confined as above related, and, further, that there was paid to said Tama county for such care and keep the sum of $727.80, which amount paid for all the expenses of care and keep at Independence, Iowa, and a part of the expense for care and keep in Tama county; that all of the time from September 5, 1891, to March 17, 1915, the said Philip Heak was an insane person; that on the 17th day of March, 1915, at the county home in Tama county, Iowa, the said Philip Heak died intestate, leaving no surviving spouse, nor any direct heirs, but survived by nieces and nephews only, and that on the 19th day of March, 1915, R. P. Kepler, the defendant in this cause, was appointed by the district court of Tama county, Iowa, administrator of the estate of said Philip Heak, deceased, and has been and is now the duly qualified and acting administrator of said estate; that the said Philip Heak was a citizen of Tama county, Iowa, and the United States, residing in said Tama county, Iowa, at the time he was adjudged insane in 1891, and was a legal resident of the said county continuously thereafter until his death, and that at the time of his death and during the time of his confinement at the county home of Tama county, Iowa, the only money had by said Philip Heak, or held for him by his duly qualified and acting guardian, or by the administrator of his estate, is money received by the said Philip Heak as a pension from the United States government for services as a soldier of the War of the Rebellion of the United States of America; that the net accretions of said pension money held by defendant administrator are the sum of $300; that said defendant administrator has no other thing of value, nor any other kind of property, whatsoever, in his hands or having come into his possession as such administrator, belonging to the estate of the said Philip Heak; that the itemized bill set out at Exhibit A to plaintiff's petition was filed as a charge against said estate with the clerk of the district court of Tama county, Iowa, on the 19th day of ...
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In re Bagnall's Guardianship
... ... notably, Manning v. Spry, October 10, 1903, 121 Iowa 191, ... 198-200, 96 N.W. 873, Tama County v. Kepler, September 22, ... 1919, 187 Iowa 34, 38, 173 N.W. 912, and United States v ... ...
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