Legal Opinion

Hansen v. Hansen

South Dakota Supreme Court

Decided February 14, 1918No. File No. 4149PublishedCited by 11 opinions

Appeal from Circuit Court, Hamlin County. Hon. Cart. G. Sherwood, Judge. Petition toy Bergetta Hansen, widow of Nils Hansen, deceased, against Walter. H. Hansen' aind others, for an order setting apart certain land to petitioner as a homestead. From that portion of the decree limiting ■ her right of possession and occupancy, petitioner appeals. Appellant -cited: Calmer v. Calmer, (N. D.) 106 N. W. 684.

1Opinion of the CourtPolley, J.

The only question presented upon this appeal is whether the homestead right of a surviving widow entitles'her *117to the possession and occupancy, as against the heirs of the decedent, of the whole of the property owned ¡by the decedent to the extent of 160 acres, and occupied as a home by the decedent and wife at the time of his death, or whether such homestead •right is limited to $5,000 in value.

The 'appellant is the -surviving widow of the decedent, and the respondents are his sons -and daughters. At the time of his death the -decedent was the owner in fee of a tract of 158.1 acres of land,…

2Cases cited1 opinion

  1. Meisner v. HillNebraska Supreme Court · 1912

3Cited by11 opinions

  1. Peck v. PeckSouth Dakota Supreme Court · 1927
  2. State v. SnyderSouth Dakota Supreme Court · 1951
  3. State Ex Rel. Bottum v. KnudtsonSouth Dakota Supreme Court · 1937
  4. In Re Snyder's EstateSouth Dakota Supreme Court · 1951
  5. O'Neill v. BennettSouth Dakota Supreme Court · 1926

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