Rice v. Burkhart
Supreme Court of Iowa
Appeal from Benton District Court.— Hon. Obed 'Caswell, Judge. James Rice died testate in December, 1904, seised of forty acres of land which he had occupied as a homesteád. With him, had resided his son, William O. Rice, and family for many years and they continued to occupy the premises after his death. His last will and testament, which was admitted to probate, devised the homestead to this son alone though he left four other sons surviving him.
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Appeal from Benton District Court.— Hon. Obed 'Caswell, Judge. James Rice died testate in December, 1904, seised of forty acres of land which he had occupied as a homesteád. With him, had resided his son, William O. Rice, and family for many years and they continued to occupy the premises after his death. His last will and testament, which was admitted to probate, devised the homestead to this son alone though he left four other sons surviving him. The defendant Burkhart had obtained judgment against William for forty-three dollars and two cents, and, upon the proof of the will, caused…
1Opinion of the CourtLadd, J.
The plaintiff took the homestead of his deceased father under the will, though no provision was made for the four other sons, and the sole question to be determined is whether the property is exempt from the payment of his antecedent debts. The statute declares the homestead of the family exempt whether owned by husband or wife (section 2972, Code), and, following sections indicating its extent and providing for platting and changes. Section 2985 of the 'Code provides that: “ Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead until it…
2Cases cited10 opinions
- Davidson v. KoehlerIndiana Supreme Court · 1881
- Gilpin v. HollingsworthCourt of Appeals of Maryland · 1852
- Johnson v. GaylordSupreme Court of Iowa · 1875
- Bennett v. HibbertSupreme Court of Iowa · 1893
- Kite v. KiteSupreme Court of Iowa · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re Estate of SheelerSupreme Court of Iowa · 1939
- Tennant v. SmithSupreme Court of Iowa · 1915
- In Re Estate of DavisSupreme Court of Iowa · 1927
- In Re Estate of WarrenSupreme Court of Iowa · 1931
- Voris v. WestSupreme Court of Iowa · 1917
12 more not listed; retrieve them via the Exa API.