In re Estate of Leahy

Citations

• 3 Coffey 364

Syllabus

<p>Homestead—Whether Absolute or for Limited Period.—When no homestead has been selected during the lifetime of decedent, a homestead for the use of the widow and minor children can be set apart absolutely only out of the common property; if there is no common property, then a homestead may be set apart out of the separate estate of the decedent, but only for a limited period, to be designated in the order, and the title vests in the heirs of the deceased, subject to such order.</p> <p>Homestead.—While the Homestead Law Should be Liberally Construed, and the widow and minor child should not be deprived of any of the rights which the law gives them, yet nothing not equitable and just should be done as between the widow and minor child on the one hand and the adult children on the other.</p> <p>Community Property.—die Changing of the Form does not Destroy the Identity of separate property.</p> <p>Community Property.—Where Part of the Purchase Price of Beal Property was obtained by the decedent by the pledge of his separate property, and there is not money enough on hand in the estate to redeem the pledge, the remote contingency that the estate of decedent might, at some time, be able to redeem it, cannot change the character of the transaction so as to make the real estate common property for the. purpose, of a homestead application.</p> <p>Community Property.—Where Property is Acquired by Funds Belonging Partly to the separate property of one spouse and partly to the common property, the property so acquired becomes in part the separate property of the spouse who furnishes the funds from his or her separate property, and in part the common property of both spouses, in proportion to the separate and community funds invested in it.</p> <p>Homestead—Property froin Should be Selected.—In determining an application for a homestead, all the circumstances must be considered, and where the real property sought to be set apart was purchased mainly with separate funds of the d