Evans v. Evans's Administrator
Court of Appeals of Kentucky
Case 2 — PETITION EQUITY APPEAL FROM OWSLEY CIRCUIT COURT. 1. The debtor in this case died in 1870 while the act of February 10, 1866, was in force.
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Case 2 — PETITION EQUITY APPEAL FROM OWSLEY CIRCUIT COURT. 1. The debtor in this case died in 1870 while the act of February 10, 1866, was in force. It is therefore claimed that his widow and children hold the homestead in fee-simple, and that the court below erred.in adjudging a sale thereof, subject to the widow’s life-estate. 2. Sections 13,14 of article 13, chapter 38, General Statutes, have no bearing on this.case, as they were not enacted until after the death of the debtor.
1Opinion of the CourtChief Justice Lindsay
The only question presented by this appeal is, whether, by the 5th section of the act of February 10, 1866, entitled “An act to exempt homesteads from sale for debt” (Myers’s Sup. 714), the widow and children of the deceased debtor take an estate in fee in the realty set apart as a homestead. The concluding clause of said section is in these words, “ And such exemption shall continue after the death of the defendant for the benefit of his widow and children, but shall be estimated in allotting dower.” The whole tenor of the act shows that the intention of the legislature was not to enable the…
2Cases cited3 opinions
- Brame v. CraigCourt of Appeals of Kentucky · 1876
- Brown, Bro. & Co. v. MartinCourt of Appeals of Kentucky · 1868
- Phipps v. ActonCourt of Appeals of Kentucky · 1876
3Cited by2 opinions
- Brandenburg v. Petroleum ExplorationCourt of Appeals of Kentucky (pre-1976) · 1927
- Demarest v. AllenCourt of Appeals of Kentucky · 1920