Washburn v. Scott

This is an appeal from the circuit court of Fayette county, and brings up for review the record of that court in a chancery proceeding for partition and assignment of dower and homestead.

The facts are not in dispute. David J. Washburn died in 1893, seized in fee simple of the premises in controversy, which were occupied by him, at the time of his death, as a homestead. He left Sarah S. Washburn, his widow, and Charles Washburn and Sarah J. Scott, his legally adopted children. The widow continued to occupy the premises as a homestead after her husband’s death, and was so occupying them at the…