Helm v. Helm's Adm'r
Supreme Court of Virginia
John Helm, of the county of Floyd, died intestate in August, 1874, leaving a widow, but no children; and his mother, brothers and sisters, and the children of some who were dead, were his heirs and distributees. He left several small tracts of' land, of the value of between $2,500 and $3,000, and personal property appraised at $1,533. Joseph Helm, his brother, qualified as administrator on his estate.
Read the full summary
John Helm, of the county of Floyd, died intestate in August, 1874, leaving a widow, but no children; and his mother, brothers and sisters, and the children of some who were dead, were his heirs and distributees. He left several small tracts of' land, of the value of between $2,500 and $3,000, and personal property appraised at $1,533. Joseph Helm, his brother, qualified as administrator on his estate. In October, 1874, Joseph Helm, the administrator, and five of the other heirs and distributees, instituted a suit in equity in the circuit cóurt- of Floyd county, against Davinia Helm, the…
1Opinion of the CourtChristian, J.
'The main question we have to determine in this case is, whether the widow of a decedent who, in his lifetime, has failed to claim and set apart a homestead, and who dies leaving no children, and there being no creditors. *143can claim a homestead in the estate of her husband?
In the case before us. commissioners appointed for that purpose, after laying off and assigning to her one-third of the real estate of her husband as her dower, also set apart to her the remaining two-thirds, that being valued at the sum of $8,000, the amount of homestead exemption in this state. So that, according to the…
2Cases cited1 opinion
- Hager v. . Nixon and Wife .Supreme Court of North Carolina · 1873
3Cited by6 opinions
- Barker v. JenkinsSupreme Court of Virginia · 1888
- Murphy v. City of RichmondSupreme Court of Virginia · 1910
- Davis v. DavisSupreme Court of Virginia · 1903
- Hatorff v. WellfordSupreme Court of Virginia · 1876
- Hatorff v. WellfordSupreme Court of Virginia · 1876
1 more not listed; retrieve them via the Exa API.