Nichols v. Nichols
Supreme Court of New Hampshire
Appeal, by Mary F. Nichols, from a decree of the probate court denying her petition for a homestead in the estate of her deceased husband. Fifteen years before his death they moved from his farm into a house upon adjoining premises owned by her, where they resided during the remainder of his life. After their removal he continued to occupy his farm and carry it on as before. Facts found by a referee.
1Opinion of the CourtStanley, J.
The husband did not abandon his homestead. Buxton v. Dearborn, 46 N. H. 43; Locke v. Rowell, 47 N. H. 46; Cole v. Bank, 59 N. H. 53, 321. By the act of 1868 (Laws 1868, c. 1, s. 38), the wife, widow, and children of every person who is the owner of a homestead are entitled to so much thereof as shall not exceed in value five hundred dollars. Under this statute, if it has not been repealed or modified, the plaintiff has a right of homestead in her husband’s farm. By the act of 1878 (Laws 1878, c. 22), a homestead to the amount of five hundred dollars is exempted to an unmarried person, and…
2Cases cited1 opinion
- Cole v. Laconia Savings BankSupreme Court of New Hampshire · 1879
3Cited by2 opinions
- Chase v. BarnardSupreme Court of New Hampshire · 1886
- McLaughlin v. CollinsSupreme Court of New Hampshire · 1910