Rockwood v. Estate of St. John
Supreme Court of Oklahoma
Appeal from the District Court of Oklahoma County, before John H. Burford, District Judge. STATEMENT OF THE CASE. It appears from the record that H. C. St. John owned a tract of land consisting of about twenty-seven acres near Oklahoma City, upon which he resided with his two minor children at the time of his death, and that St. John at the time of his death left no surviving wife.
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Appeal from the District Court of Oklahoma County, before John H. Burford, District Judge. STATEMENT OF THE CASE. It appears from the record that H. C. St. John owned a tract of land consisting of about twenty-seven acres near Oklahoma City, upon which he resided with his two minor children at the time of his death, and that St. John at the time of his death left no surviving wife. On the dáy of his death the two small children were removed to a boarding house in Oklahoma City. The youngest child was at that time about three years old and the older five years old. A short time after the death…
1Opinion of the Court
Opinion of the court by
HaiNeb, J.:
The sole question presented in this case is whether the land in controversy can be sold and applied to the payment of the debt due the plaintiffs in error. To determine this question it will be necessary to take into consideration the following provisions of our statutes relating to decedents.
Section 1300, of the Statutes of 1893, provides as follows:
“Upon the death of either husband or wife, the survivor may continue to possess and'occupy the whole homestead until it is otherwise disposed of according to law; and upon the death of both husband and wife the…
Also in this document: Concurrence.
2Cases cited6 opinions
- Vandiver v. VandiverSupreme Court of Kansas · 1878
- Mallory v. BerrySupreme Court of Kansas · 1876
- Rasure v. HartSupreme Court of Kansas · 1877
- Brinkerhoff v. EverettIllinois Supreme Court · 1865
- First National Bank v. WarnerSupreme Court of Kansas · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Matter of Estate of WallaceSupreme Court of Oklahoma · 1982
- Hembree v. Magnolia Petroleum Co.Supreme Court of Oklahoma · 1935
- Hartsog v. BerrySupreme Court of Oklahoma · 1914
- Meyer v. Security National Bank of NormanSupreme Court of Oklahoma · 1956
- Yost v. CasselSupreme Court of Oklahoma · 1953
2 more not listed; retrieve them via the Exa API.