Appellant  takes  the  position  that  applicant,  being  a  non-
resident of  Iowa,  and  having  by  the  antenuptial  agreement  con-
tracted away  her  right  to  a  widow's  allowance,  is  not  entitled


Jan.,  1922]  Caldwell  v.  Caldwell.  Il5d

to  protection  by  the  courts  of  this  state  against  her  contract;
thaty  as  applicant  and  decedent  were  nonresidents  of  the  state
of  Iowa  at  the  time  of  his  death,  she  is  not  entitled  to  any  allow-
ance out  of  the  portion  of  his  estate  located  within  the  state  of
Iowa;  and  that  applicant  is  not  entitled  to  a  widow's  allowance
because  she  was  not  living  with  decedent  as  a  member  of  his
family  at  the  time  of  his  death,  and  has  offered  no  legal  excuse
therefor.
We  think  that  the  position  taken  by  counsel  for  appellant,
that  applicant  is  not  entitled  to  an  allowance  because  her  legal
residence  was  in  the  state  of  Texas,  is  not  sound,  under  our
statute.  Code  Section  3314  makes  no  distinction  between  resi-
dents and  nonresidents.  No  cases  are  cited  from  our  court,  and
we  know  of  none,  where  the  exact  question  has  been  considered.
By  the  weight  of  authority  in  other  jurisdictions,  a  widow,
though  a  nonresident,  is  entitled  to  an  allowance  for  the  period
of  administration.  See  some  of  these  cases:  Jones  v.  Cooner,
142  Ga.  127  (82  S.  E.  445) ;  In  re  Estate  of  Lavenberg,  104
Wash.  515  (177  Pac.  328) ;  In  re  Johnson's  Esiate,  (Wash.)
194  Pac.  834.
