Estate of Noah

Citations

• 5 Coffey 277

Syllabus

<p>Homestead—Examination of Title in Setting Apart.—The superior court, sitting in probate, has power to examine into the title to real estate, so far as to enable it to determine whether property sought to be set aside as a homestead is community or separate property.</p> <p>Husband and Wife—Validity of Separation Agreement.—Deeds for the separation of husband and wife are valid and effectual, both at law and in equity, providing their object be actual and immediate, and not a contingent or future, separation.</p> <p>Husband and Wife—Effect of Articles of Separation.—Articles of separation having been carried into effect in good faith by the husband, and they having been freely entered into, and there being nothing objectionable in them, the wife has no right, upon the husband's death, to claim in character of his widow, it being against equity and good conscience to set up such a claim.</p> <p>Homestead—When Waived by Articles of Separation.—An agreement amounting to a waiver, upon valuable consideration, of every right a wife could have in her deceased husband’s estate, is conclusive against all her pretensions, and estops her from claiming a probate homestead as well as any other property right.</p> <p>Family Allowance—Test of Widow’s Right.—The right of an applicant for a family allowance may be tested by reference to her relations with the deceased and her right as wife to call on him for maintenance during his lifetime.</p> <p>Family Allowance—Relinquishment by Widow.—When there are no children, the right of a widow to a homestead or family allowance may be treated as a personal privilege, which she can relinquish.</p> <p>Family Allowance—Right to, Purely Statutory.—The right to a family allowance is founded upon the statute alone.</p> <p>Family Allowance—Who are Members of Family.—The statute embraces those who were the immediate family of the deceased—■ those who were by law entitled, up to Ms death, to look to him for support and protection.</p> <p>Family