Karbs v. Bouse

This appeal presents the question of whether a widow’s probate homestead, after the remarriage of the widow, is subject to partition at the suit of a child and heir of the deceased husband.

The land involved, consisting of 160 acres in Blaine county, was owned by Christ Karbs at the time of his death, August 12, 1939. The land was then occupied by decedent and Mollie Karbs, his wife, as a home. The land had been acquired by decedent prior to his marriage to Mollie, who was a second wife. Decedent left surviving him as his only heirs, his widow, Mollie Karbs, and three adult children by the…