Barbe v. Hyatt
Supreme Court of Kansas
Error from Labette District Court. At its February term, 1889, the district court reversed an order of the probate court directing the sale of certain real estate for the payment of debts of the decedent and the costs of administration. Plaintiff, Barbe, brings the case to this court. The facts appear in the opinion. 1. The widow and children of A. B. Hyatt could hold the homestead free from the payment of debts only so long as they occupied it as a homestead.
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Error from Labette District Court. At its February term, 1889, the district court reversed an order of the probate court directing the sale of certain real estate for the payment of debts of the decedent and the costs of administration. Plaintiff, Barbe, brings the case to this court. The facts appear in the opinion. 1. The widow and children of A. B. Hyatt could hold the homestead free from the payment of debts only so long as they occupied it as a homestead. Upon its abandonment as a homestead, it became subject to the payment of his debts as though it had never been a homestead. Dayton v.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an appeal from an order of the probate court directing the sale of real property. A. B. Hyatt was the owner of a quarter section of farming land in Labette county, which was occupied by himself and family as a homestead. He died testate on July 17, 1887, and left surviving him a widow and several children, all of whom had reached majority, and were occupying homes of their own. By the terms of the will, there was devised to the widow such portion of the testate property as might be allowed by law, and to his son Sherman Hyatt the…
2Cases cited1 opinion
- Dayton v. DonartSupreme Court of Kansas · 1879
3Cited by7 opinions
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- Farmers Elevator Co. v. CaseySupreme Court of Kansas · 1943
- Brigham v. PfisterSupreme Court of Kansas · 1940
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