State Department of Social Welfare v. Schwarz

I must respectfully dissent from Syllabus ¶ 1 and the corresponding portion of the opinion.

At best, K. S. A. 39-719a is an ambiguous statute and the construction to be placed upon it by the Supreme Court in the first instance should not be influenced by the manner in which title to homestead property of welfare recipients, who are husband and wife, is held.

*271Here, for example, A. Herman Schwarz and Matilda Schwarz held title to the family home as joint tenants and upon the death of Herman title passed to Matilda, by reason of survivorship.

In the next case of this nature to come before the…