Sansberry v. Simms' adm'x
Court of Appeals of Kentucky
Case 110 — EQUITY APPEAL PROM WASHINGTON CIRCUIT COURT. 1.- Appellee lost her right to a homestead by abandoning the premises before it was allotted to her. 2. She resided in a house of her own after her husband’s death. The law does not give the widow her homestead. This home of her own should at least be estimated in allotting the homestead.
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Case 110 — EQUITY APPEAL PROM WASHINGTON CIRCUIT COURT. 1.- Appellee lost her right to a homestead by abandoning the premises before it was allotted to her. 2. She resided in a house of her own after her husband’s death. The law does not give the widow her homestead. This home of her own should at least be estimated in allotting the homestead. (See. 14, art. 13, chap. 38, Gen. Stat.; Gasaway v. Woods, 9 Bush, 72; Mason v. Rogers, 4 Littell, 377; Phillips v. Pope, 10 B. Mon., 172.) ■1. Appellee did not leave the property for any other purpose than to rent it. 2. It is immaterial how she became…
1Opinion of the CourtChief Justice Lewis
In September, 1878, J. R. Simms died intestate and without children, but left a widow, and a' brother, sister, and infant children of a deceased sister his heirs at law.
January 31st, 1879, the widow brought this action, making the heirs at law defendants. In her petition she claimed a homestead exemption in a house and lot, and dower in another lot; and alleging the property was not susceptible of division, asked for judgment directing the sale of both lots, and the payment to her the value of the homestead in. money arising from the sale, and the residue to those entitled to it.
The court…
2Cases cited2 opinions
- Phipps v. ActonCourt of Appeals of Kentucky · 1876
- Miles v. HallCourt of Appeals of Kentucky · 1876
3Cited by8 opinions
- Jenkins v. McVawCourt of Appeals of Kentucky · 1911
- Paslick v. ShayCourt of Appeals of Kentucky · 1912
- Warren's Admr. v. WarrenCourt of Appeals of Kentucky · 1907
- Redmond's Admx. v. RedmondCourt of Appeals of Kentucky · 1902
- Taree v. SpriggsCourt of Appeals of Kentucky · 1912
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