Estate of Hayes

Citations

• 1 Coffey 551

Syllabus

<p>Homestead.—When Application is Made by a Minor child of a decedent to have a homestead set apart from community property, the surviving widow having died, and the other children having attained majority, without applying for a homestead, the court must grant the application and set aside the homestead absolutely, not limiting it to the period of minority or otherwise.</p> <p>Homestead—Selection from Separate Property.—It is only when a homestead is set apart from the separate property of the decedent that it is required to be for a limited period.</p> <p>Homestead—Success or to Bight.—The right to a probate homestead may be lost, and there can be no successor to that right.</p> <p>Homestead—How Far an Estate.—The right to have a probate homestead set aside is not an estate; it becomes such when a decree is made setting aside the homestead and title then vests in the beneficiaries.</p> <p>Homestead—Effect of Setting Aside.—When property is set apart as a probate homestead, the property is then taken out of the jurisdiction of the court.</p> <p>Homestead.—The Bight to a Probate Homestead is tested or considered not as of the date of the death of the decedent but as of the time of the application.</p> <p>Courts.—It is the Duty of Courts to Administer the Statute Law as they find it, and not to account for its incongruities.</p>