Hennepin County v. Jacobson
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Hennepin County v. Jacobson
Opinion of the Court
This is an appeal from a judgment of the District Court of Hennepin County affirming the order of the probate court allowing the claim of said county in the sum of $865.61 against the estate of Peter H. Eggert, deceased.
The facts of this case are not in dispute. Peter H. Eggert and Louise B. Eggert, husband and wife, were the recipients of old age assistance from the Hennepin County Welfare Board in the amounts of $1,164.10 and $865.61 respectively. During their lifetimes they were the owners in joint tenancy of certain real property located
Upon the death of Mr. Eggert the county filed a claim against his estate in the sum of $2,029.71, representing the amount of old age assistance furnished to both Mr. Eggert and his wife, Louise Eggert. The amount of old age assistance furnished to Mr. Eggert ($1,164.10) has been paid by the administrator of his estate and is not here in dispute. The only issue before us is whether the district court was right in affirming the order of the probate court which allowed the claim against the estate of Peter H. Eggert for the old age assistance paid to his deceased wife.
The county relies on M. S. A. 256.25 to substantiate its claim. That statute is ás follows:
“On the death of any person who received any old age assistance under this or any previous old age assistance law of this state, or on the death of the survivor of a married couple, either or both of whom received old age assistance, the total amount paid as old age assistance to either or both, without interest, shall be allowed as a claim against the estate of such person or persons by the court having jurisdiction to probate the estate. * * *”
The appellant contends that § 256.25 must be read in conjunction with § 256.26. The latter section applies to recipients of old age assistance who own real estate and provides that no recipient shall be paid old age assistance without first giving the county a lien on the recipient’s real property located within the state. The second paragraph of § 256.26, subd. 6, reads as follows:
“In case of the death of the recipient the debt secured by such lien shall be a claim against his estate * * (Italics supplied.)
Appellant argues that the word “debt” as used in the foregoing statute refers to the debt or claim specified in § 256.25. It is not disputed that Mr. Eggert, upon his wife’s death, became the sole owner of the real property they had held in joint tenancy, free and clear of the old age assistance lien theretofore existing against the
Moreover, the “debt” referred to in § 256.26, subd. 6, is the claim of the county against the recipient of the old age assistance. Here the county did not assert a lien or debt in the probate court against the estate of Mrs. Eggert, the recipient of the aid. Its claim was filed and allowed under § 256.25 providing, in effect, that a claim shall be allowed against the estate of the survivor of a married couple for the total amount of old age assistance paid to the spouse. It is well settled that the descent and distribution of property of a decedent is a matter within the exclusive control of the legislature. Inheritance “is not a natural or absolute right, but the creation of statute law.”
Appellant cites State v. Whitver, 71 N. D. 664, 3 N. W. (2d) 457, in support of his claim that old age assistance furnished one spouse is not a valid claim against the estate of the other. That case is readily distinguishable from the instant case. There the North Dakota statute provided only for the allowance of a claim against the estaté of the recipient of the public aid and did not render the estate of the deceased wife liable for old age assistance received by the husband.
We conclude that § 256.25 and § 256.26 were intended to supplement each other in providing for the effective and efficient recovery of old age assistance previously granted. Thus, while the lien arising under § 256.26 was extinguished on the death of Mrs. Eggert,
Judgment affirmed.
See Gau v. Hyland, 230 Minn. 235, 41 N. W. (2d) 444, where the court, relying on the common-law rules as to joint tenancies, held that on the death of one joint tenant his interest passed to the survivor free and clear of any old age assistance lien created under M. S. A. 256.26 attaching to the interest of the deceased joint tenant during his lifetime.
11 Dunnell, Dig. (3 ed.) § 5577; Gau v. Hyland, supra.
53 C. J. S., Liens, § 1, p. 830, and cases therein cited.
Jones v. Jones, 234 U. S. 615, 618, 34 S. Ct. 937, 938, 58 L. ed. 1500, 1503; Uterhart v. United States, 240 U. S. 598, 36 S. Ct. 417, 60 L. ed. 819; 6 Dunnell, Dig. (3 ed.) § 2719; In re Estate of Hencke, 212 Minn. 407, 4 N. W. (2d) 353.
L. 1929, c. 47; Ex. Sess. L. 1935, c. 95, § 15.
L. 1939, c. 315.
See, Gau v. Hyland, 230 Minn. 235, 41 N. W. (2d) 444.
Reference
- Full Case Name
- IN RE ESTATE OF PETER H. EGGERT. HENNEPIN COUNTY v. E. F. JACOBSON
- Cited By
- 1 case
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- Published