Wilson v. Wilson
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. W. S. CL Walker, Judge. (1) The homestead could be sold at the time it accrued to the widow and children in 1884, for the payment of debts created during the lifetime of the deceased, subject to the rights of the widow and minor children. See. 5439, R. S. 1889. This statute clearly authorizes a sale of the fee to pay debts, subject, however, to the rights of the widow and minor children, if' any.
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Appeal from Dunklin Circuit Court. — Hon. W. S. CL Walker, Judge. (1) The homestead could be sold at the time it accrued to the widow and children in 1884, for the payment of debts created during the lifetime of the deceased, subject to the rights of the widow and minor children. See. 5439, R. S. 1889. This statute clearly authorizes a sale of the fee to pay debts, subject, however, to the rights of the widow and minor children, if' any. Anthony v. Rice, 110 Mo. 223; Robins v. Boulware, 190 Mo. 41; Keen v. Wyatt, 160 Mo. 1; Bunn v. Lindsay, 95 Mo. 250; Crisp v. Crisp, 86 Mo. 630. (2) The…
1Opinion of the Court
OPINION.
BOND, J.
Homestead: Decedent’s Debts. (After stating the facts as above).— At the time when W. H. Wilson died and at the time of the sale of the real estate on which he had established a homestead, by the administrator °f estate, there was a statute in this State (R. S. 1889, sec. 5439) declaratory of the right of creditors to enforce their claims in the course of administration of a decedent’s estate by selling the same subject to the homestead rights of the widow and minor children. [Robbins v. Boulware, 190 Mo. 33; Keene v. Wyatt, 160 Mo. 1; Anthony v. Rice, 110 Mo. 233; Bunn v.…
2Cases cited6 opinions
- Bunn v. LindsaySupreme Court of Missouri · 1888
- Newham v. KentonSupreme Court of Missouri · 1883
- Keene v. WyattSupreme Court of Missouri · 1901
- Robbins v. BoulwareSupreme Court of Missouri · 1905
- Anthony v. RiceSupreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Linville v. RipleySupreme Court of Missouri · 1941
- Phillips v. Phoenix Trust Co.Supreme Court of Missouri · 1933
- Dennis v. GormanSupreme Court of Missouri · 1921
- Stadelman v. MinerOregon Supreme Court · 1916