Young v. Milward
Court of Appeals of Kentucky
Case 18 — Action- for Sale or Rodal Estate and for Allowance in Lieu op Homestead — And Action pob Forcible Entry and Detainee Heard Together APPEAL PROM PAYETTE CIRCUIT COURT. Judgment por Plaintipp in Both Cases and Both 1. The suit was evidently brought under sec. 490 of the Code, hut that does not authorize a widow claiming homestead, or dower, to institute such a proceeding. The suit must be brought by one of the joint owners of the vested estate in possession.
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Case 18 — Action- for Sale or Rodal Estate and for Allowance in Lieu op Homestead — And Action pob Forcible Entry and Detainee Heard Together APPEAL PROM PAYETTE CIRCUIT COURT. Judgment por Plaintipp in Both Cases and Both 1. The suit was evidently brought under sec. 490 of the Code, hut that does not authorize a widow claiming homestead, or dower, to institute such a proceeding. The suit must be brought by one of the joint owners of the vested estate in possession. Dower is not an estate until assigned. Malone v. Com. 95 Ky., 94. 2. Homestead ceases as to a childless widow whenever she…
1Opinion of the Court
Opinion of the couet by
JUDGE PAYNTER.,
in the Homestead Case — Aefibming.
Daniel W. Young died childless, in the possession of a house and lot in the city of Lexington. The title to the property had been originally in his first wife. After her death he married the appellee Verenette Young, who was iiving with him as his wife at the time of his death. Some time after his death, the appellant, L. P. Young, who was Ms nephew, and also' a nephew of his first wife, demanded the possession of the property of the appellee, the widow. He claimed the property for himself and others (the first wife died…
2Cases cited4 opinions
- Phipps v. ActonCourt of Appeals of Kentucky · 1876
- Sansberry v. Simms' adm'xCourt of Appeals of Kentucky · 1881
- Owings v. TuckerCourt of Appeals of Kentucky · 1890
- Davis v. LeeCourt of Appeals of Kentucky · 1842
3Cited by2 opinions
- Holman v. ParsonsCourt of Appeals of Kentucky · 1915
- Quinn-Marshall Company v. HurleyCourt of Appeals of Kentucky (pre-1976) · 1925