Legal Opinion

Warren's Admr. v. Warren

Court of Appeals of Kentucky

Decided October 15, 1907PublishedCited by 6 opinions

CASE 81 — ACTION BY CHARLES T. WARREN’S ADMR. AGAINST NANNIE WARREN AND OTHERS TO SETTLE THE DECEDENT’S ESTATE. — Appeal from Hardin Circuit Court. Weed S. Chelf, Circuit Judge. Prom the judgment plaintiff appeals.

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CASE 81 — ACTION BY CHARLES T. WARREN’S ADMR. AGAINST NANNIE WARREN AND OTHERS TO SETTLE THE DECEDENT’S ESTATE. — Appeal from Hardin Circuit Court. Weed S. Chelf, Circuit Judge. Prom the judgment plaintiff appeals. It was not the intention of the Legislature in enacting section 1707 to give the widow and. infant children a greater interest in the homestead than the deceased husband and father had, but merely to give them a homestead undisturbed by creditors g of deceased. ! In the case at bar, injustice is done to the creditors of deceased in giving the widow and children the use of a house…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Reversing.

Charles T. Warren died, leaving surviving him a widow and infant children. At the time of his death, he owned a house and lot occupied as a homestead, *694and -worth about $3,500. It was not susceptible of division. This action was brought by his administrator to settle the estate of Warren, which was insolvent ; ánd he asked that the house and lot be sold, and, after setting apart $1,000 as a homestead right to the widow and children, the- remainder of the proceeds be applied to the payment of the debts due by the estate. The widow and children…

2Cases cited1 opinion

  1. Sansberry v. Simms' adm'xCourt of Appeals of Kentucky · 1881

3Cited by6 opinions

  1. Jenkins v. McVawCourt of Appeals of Kentucky · 1911
  2. Paslick v. ShayCourt of Appeals of Kentucky · 1912
  3. In re CheathamDistrict Court, W.D. Kentucky · 1914
  4. Runyon v. Runyon's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1936
  5. Gibbs v. DeinsCourt of Appeals of Kentucky (pre-1976) · 1940

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