Holder's Adm'r v. Holder
Court of Appeals of Kentucky
Case 100. — ACTION BY N. E. HOLDER’S ADMINISTRATOR POR A SETTLEMENT OP HER ESTATE1, INVOLVING A SALE OP REAL ESTATE CLAIMED BY HER HUSBAND AS A HOMESTEAD. Appeal from Montgomery Circuit Court. Allie W. Young, Circuit Judge. Prom the judgment plaintiff appeals. We realize that the law favors homestead», and especially where there is a family, but in this .case N. E. Holder died without ,issue; Wm.
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Case 100. — ACTION BY N. E. HOLDER’S ADMINISTRATOR POR A SETTLEMENT OP HER ESTATE1, INVOLVING A SALE OP REAL ESTATE CLAIMED BY HER HUSBAND AS A HOMESTEAD. Appeal from Montgomery Circuit Court. Allie W. Young, Circuit Judge. Prom the judgment plaintiff appeals. We realize that the law favors homestead», and especially where there is a family, but in this .case N. E. Holder died without ,issue; Wm. Holder has no one dependent upon him for support; neither of the parties ever expressed any intention to occupy said land as a homestead; never resided thereon, nor is there any suggestion even that…
1Opinion of the Court
Opinion by
Judge Paynter
Affirming.
The personal representative of N. E. Holder instituted this action to settle her estate, and for the sale of land left by her to pay the debts which her personal property was insufficient to pay. The husband, Wm. Holder, resisted the sale of the real estate upon the ground that it was of less value than $1,000, and that he was entitled to the use of it as a homestead. For the creditors it is contended that he is not.entitled to the homestead in the property, because the debts were contracted while the. decedent was a single woman, and when she did not live on…
2Cases cited3 opinions
- Ellis v. DavisCourt of Appeals of Kentucky · 1890
- Nichols v. SennittCourt of Appeals of Kentucky · 1880
- Hensey v. Hensey's Adm'rCourt of Appeals of Kentucky · 1891
3Cited by4 opinions
- Holmes v. HolmesSupreme Court of Oklahoma · 1910
- Clay's Committee v. WashingtonCourt of Appeals of Kentucky · 1919
- Graham v. HummCourt of Appeals of Kentucky · 1921
- Jackson v. HaakeCourt of Appeals of Kentucky · 1915