Estate of Tate

Citations

• 1 Coffey 217

Syllabus

<p>Homestead.—A Widow Without Minor Children is Entitled to have a homestead selected and set apart by the court out of decedent’s separate estate, there being no community property.</p> <p>Homestead.—The Court must Set Apart a Homestead upon the application of a widow, if none has been selected in the lifetime of the deceased spouse. There is no discretion in the matter.</p> <p>The Eight of the Surviving Spouse to a Homestead in separate estate of the decedent is limited to an estate for years, for life, or until the happening of some event, as the marriage of the survivor, as may be decreed by the court. But the exercise of the court's power is limited by a sound discretion acting upon the circumstances of the particular ease; if the survivor is young and likely to remarry, a limitation for life might be indiscreet, otherwise where she is of an advanced age.</p> <p>Homestead.—The Purpose of the Statute in Giving a Homestead right to the surviving spouse out of the decedent’s separate estate is to provide a home for the survivor, which no one can touch; merely depriving the survivor of the power of alienation.</p>