Hodo v. Johnson & Heath
Supreme Court of Georgia
Homestead. Practice. Before Judge Andrews. Warren Superior Court. November, 1869. Hodo made a wdll directing that bis estate be equally divided between bis widow and bis eight children when the youngest was twenty-one years old. He died, and bis will was probated in 1862. _ . Mrs. Hodo, his widow and mother of his minor children, petitioned for a homestead and exemption of personalty out of the estate of her deceased ,-husband.
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Homestead. Practice. Before Judge Andrews. Warren Superior Court. November, 1869. Hodo made a wdll directing that bis estate be equally divided between bis widow and bis eight children when the youngest was twenty-one years old. He died, and bis will was probated in 1862. _ . Mrs. Hodo, his widow and mother of his minor children, petitioned for a homestead and exemption of personalty out of the estate of her deceased ,-husband. The schedule of personalty specified household and kitchen furniture, cattle, hogs, etc., farming utensils, etc., footing up in value $633 00, and the plat of realty…
1Opinion of the CourtBrown, C. J.
1. This Court held, during this .term, in the case of Buff & Company vs., William M. Johnson, that the minor children of a deceased person are entitled as against creditors to a Homestead out of the estate of their deceased father, and we are unable to see why this case does not fall within the principle there decided. Section 12 of the Act of 3d October, 1868, declares that “ said property so set apart shall be for the use of the wife, or widow and children, during her life or widowhood, and at her death or intermarriage to be equally divided,” etc. This shows clearly that the widow, as well…
2Cited by6 opinions
- Bonds v. StricklandSupreme Court of Georgia · 1878
- Hodges v. HightowerSupreme Court of Georgia · 1881
- Bridwell v. BridwellSupreme Court of Georgia · 1886
- Fountain v. HendleySupreme Court of Georgia · 1889
- Bridwell v. BridwellSupreme Court of Georgia · 1886
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