Hicks v. Sage

Citations

• 104 Kan. 723
• 180 P. 780
• 1919 Kan. LEXIS 345

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale of Land — Under Order of Probate Court — Injunction. On an appeal from a final judgment granting a permanent injunction-against the sale of land under order of the prohate court to pay the debts of a decedent whose estate is being administered, it is not material to inquire whether there was error or irregularity in the granting of a restraining order or temporary injunction.</p> <p>2. Guardian and Ward — Investment of Ward’s Money — Trust in Land. Created. The competent evidence is held to have been sufficient to support a finding that money belonging to his wards was used by a guardian in paying for land purchased by him, which thereby became impressed with a trust in their favor.</p> <p>3. Homestead — Exempt from Claims of Creditors. Property occupied at the time of his death as the homestead of its owner and his children remains exempt from the claims of his creditors so long as it continues to be so occupied by any of the children, although by his will the title passes to them in unequal shares.</p> <p>4. Same. Such exemption is' not affected by the fact that the will contains a general clause directing the payment of his debts out of his estate. I</p> <p>5. Same — Farm Occupied as Homestead — Temporary Absence. The evidence is held to support a finding that the property in question was in the eye of the law still occupied as a homestead, notwithstanding the temporary absence of all the children therefrom.</p>