Donly v. Metropolitan Realty & Investment Co.

It appears that Corsey D. Donly died owning, among other property, a homestead, and leaving a widow, two minor children and an adult son of a former marriage. The widow elected to take a child’s part of the deceased husband’s estate. The appellee corporation acquired the interest of the adult son in the estate, and brought suit for partition. Pleas of the widow and two minor children that the homestead is not subject to partition, were overruled, and the defendants appealed.

Sections 1 and 2 of Article X of the Constitution are as follows:

“Section 1. A homestead to the extent of one hundred…