Donalson v. Yeates

1. Where land being the property of a head of a family has, upon his application, been set apart as a homestead, under the constitution of 1868, for the benefit of his wife and minor children, the effect of the setting apart of the homestead is not to change the title but only the use during the life of the wife and the minority of the children. And where in such circumstances the husband dies intestate before termination of the homestead, the property will remain his estate and descend to his heirs by inheritance, with the right of possession postponed until termination of the homestead.…