Cross v. Benson

Citations

• 68 Kan. 495
• 75 P. 558
• 64 L.R.A. 560
• 1904 Kan. LEXIS 134

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Constitutional Law — Homestead and Exemptions. The constitutional exemption of a homestead from forced sale under process of law may survive to the family of its owner after his death.</p> <p>2. - Family of Homestead Owner Defined — Right of Wife after Husband’s Death. If a husband and wife occupy a tract of land belonging to him as a homestead, she is the family of the owner within the meaning of the constitution, and his death does not deprive her of the right to continue to be so designated in order to maintain the homestead, to which she takes title and which she continues to occupy, free from forced sale under process of law for the payment of his debts.</p> <p>3. -Descents and Distributions — Purpose of Statute. The purpose of the statute of descents and distributions is to provide for the transmission of title at death in case of intestacy and to regulate the division of estates among heirs. It is not primarily an exemption or homestead law; and though it may enlarge the right to an exemption of real estate from appropriation to the payment of debts, it cannot restrict the constitutional guaranty.</p> <p>4. Wills — Election of Widow Does Not Destroy Homestead Right. Upon the death of her husband a wife may elect to take title under his will to their homestead, which she continues to occupy, without subjecting it to the payment of his debts.</p> <p>5. -Merely Formal Phrases will not Destroy Homestead Character of Devised Property. The use of merely formal phrases will not make a devise of a homestead subject to the payment of the testator’s debts; to do so, the language employed must be unequivocal and imperative.</p> <p>6. Tbust Deed — Not Testamentary. A trust deed examined and held not to be testamentary in character.</p> <p>7. Homestead and Exemptions — Member of the Family Defined. A minor child, who resides with her grandparents under such cir- ■ cumstances that she becomes in fact dependent upon them and they become m