Freund v. McCall
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. E. P. "Wright, Judge. The widow was not entitled to a homestead. The whole scope and aim of the homestead law seems to be to protect a homestead from creditors. It only provides for setting apart the homestead in one case, viz: When it becomes necessary to sell the real estate of the deceased for payment of debts.
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Appeal from Benton Circuit Court. — Hon. E. P. "Wright, Judge. The widow was not entitled to a homestead. The whole scope and aim of the homestead law seems to be to protect a homestead from creditors. It only provides for setting apart the homestead in one case, viz: When it becomes necessary to sell the real estate of the deceased for payment of debts. Any other construction of the act would have the effect to entirely abrogate, or greatly modify, the statutes of wills, of descent and distribution and of dower even, in all cases where the deceased dies without being indebted, as well as…
1Opinion of the CourtHough, J.
This was a suit in partition brought in 1876, by the heirs of Jacob Freund, who died in 1871, seized of about 900 acres of land, 160 acres of which he owned and occupied as a homestead, against Jane McCall, who was the widow of Jacob Freund, and who had intermarried with the- defendant, James McCall. No part of the *345lands of the deceased was required for the payment of his debts, he having left personal property more than sufficient for that purpose, and at the institution of this suit his estate had been fully administered. Some of' the plaintiffs were minors. The circuit court set apart to…
2Cases cited2 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Hager v. . Nixon and Wife .Supreme Court of North Carolina · 1873
3Cited by7 opinions
- West v. McMullenSupreme Court of Missouri · 1892
- Rhorer v. BrockhageSupreme Court of Missouri · 1885
- French v. StrattonSupreme Court of Missouri · 1883
- Kelsay v. FrazierSupreme Court of Missouri · 1883
- Weatherford v. KingSupreme Court of Missouri · 1893
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