Lake v. Page
Supreme Court of New Hampshire
Writ of Entry, for land in Deerfield. Facts agreed. November 15, 1882, the demanded premises were set out to Sarah W. Lake, widow of John Lake, by the probate court, as her homestead, and she continued to occupy the same until October 8,1883, when she purchased another place in Deerfield, where she has lived from that "time to the present. April 24,1884, she conveyed her interest in the demanded premises to the defendant, who has since been in possession.
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Writ of Entry, for land in Deerfield. Facts agreed. November 15, 1882, the demanded premises were set out to Sarah W. Lake, widow of John Lake, by the probate court, as her homestead, and she continued to occupy the same until October 8,1883, when she purchased another place in Deerfield, where she has lived from that "time to the present. April 24,1884, she conveyed her interest in the demanded premises to the defendant, who has since been in possession. John Lake left a will, whereby, among other things, he gave to his wife, Sarah W., one undivided half of his real estate for life, with…
1Opinion of the CourtClark, J.
The 'question in this case is, whether the estate vested in the widow by an assignment of a homestead in the estate of her deceased husband is conditional or absolute ; whether it is a mere personal right of occupancy, or an unconditional life estate which she may convey.
The homestead law of 1851 provided that the homestead should not be assets in the hands of an administrator for the payment of debts, nor subject to the laws of distribution or devise, so long as the widow or minor children, or any or either of them, should occupy the same. Under the act of 1851 the homestead right of the…
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