Iowa Code
Iowa Code § 636.38 (2026)
Liability
✓ current as of July 2026
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The clerk shall be liable upon the clerk’s bond for all such funds, moneys, or securities which may be deposited with the clerk and shall make complete verified statements thereof as required by the supreme court. [C97, §371; S13, §371; C24, 27, 31, 35, 39, §12783; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §682.38] 91 Acts, ch 258, §63 C93, §636.38
\n636.39 through 636.44 Reserved.\n\nTue Dec 09 21:58:30 2025 Iowa Code 2026, Chapter 636 (36, 0) 11 SURETIES — FIDUCIARIES — TRUSTS — INVESTMENTS, §636.47\n\n SUBCHAPTER V FEDERAL SECURITIES
\nNotes of Decisions
Cited in 2
cases, 1951–1975 · leading case: Lovrien v. Fitzgerald, 49 N.W.2d 845 (Iowa 1951).
Lovrien v. Fitzgerald, 49 N.W.2d 845 (Iowa 1951). “Thereupon the plaintiff, proceeding under section 636.38, selected the two real-estate interests as making up the $7500 which he was entitled to receive.”
Westergard v. Klepper, 229 N.W.2d 236 (Iowa 1975). “Under § 636.38 of the 1962 Code, such a surviving spouse had the right, among others, to select sufficient of the decedent’s property to make up $15,000 in value.”
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