CARRELL v. CARRELL

No. 49720.

96 N.W.2d 315 (1959)

Claire Hoover CARRELL, Appellant, v. Edna C. CARRELL, Executrix of the Estate of Dale E. Carrell, Sr., Deceased, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 12, 1959.


Attorney(s) appearing for the Case

Edward L. O'Connor, Iowa City, for appellant.

Robert H. Walker and Charles O. Frazier, Keokuk, for appellee.


THORNTON, Justice.

Whether a provision in a divorce decree providing for monthly alimony, "as long as defendant (wife) remains unmarried," shows the intent of the trial court to continue such payments after the decease of the husband, is the question before us. If the intent is not clear, it is not necessary for us to determine whether the court has such power under section 598.14 of the 1958 Code of Iowa, I.C.A.

The decedent obtained a divorce from the appellant...

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