Gay v. Hanks
Court of Appeals of Kentucky
Case 84 — HOMESTEAD APPEAL FROM POWELL CIRCUIT COURT. By the statute the homestead is not limited during the life of the husband, but by its express terms it is continued for the benefit of the widow and her children. If she have no children, or, having them, they die, still the homestead is continued to her.
Read the full summary
Case 84 — HOMESTEAD APPEAL FROM POWELL CIRCUIT COURT. By the statute the homestead is not limited during the life of the husband, but by its express terms it is continued for the benefit of the widow and her children. If she have no children, or, having them, they die, still the homestead is continued to her. (Civil Code, secs. 99, 134; Brooks v. Collins, 11 Bush, 622; Myers v. Supp, 715; Gen. Stats., chap. 38, art. 13, secs. 13, 14, 1C; Acts 1876, vol. 1, p. 70; Gassaway v. Woods, 9 Bush, 72; 11 lb., 42.)
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
This court, in the case of Gassaway v. Woods, &c. (9 Bush, 72), in construing the act entitled "An act to exempt homesteads from sale for debt,” approved February 10, 1866, held that the act, in express terms, continues the benefit of the exemption to the widow and children after the death of the husband; and if there should be no children, the widow is still entitled to the homestead, as her right to the benefits .resulting from the enactment is not made to depend upon any such contingency.
The General Statutes were enacted after that case was…
2Cases cited1 opinion
- Gasaway v. WoodsCourt of Appeals of Kentucky · 1872
3Cited by3 opinions
- Ellis v. DavisCourt of Appeals of Kentucky · 1890
- Stults v. SaleCourt of Appeals of Kentucky · 1891
- Howard v. MitchellCourt of Appeals of Kentucky (pre-1976) · 1936