Newby v. Anderson

Citations

• 106 Kan. 477
• 188 P. 438
• 1920 Kan. LEXIS 584

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Descents and Distributions — Title to Homestead. The title to the homestead descends in the same manner as other realty.</p> <p>2. Same — Who May be Heirs of Deceased Person. “The statute may make any person an heir. An heir in law is simply one who succeeds to the estate of a deceased person.” (McKinney v• Stewart, 5 Kan. 384.) The statute of descents and distributions treats the husband as the heir of the wife; the wife as the heir of the husband. (Gen. Stat. 1915, §§ 3831, 3850.)</p> <p>3. Same — Party Entitled to Partition of Homestead. The owner of a homestead died leaving as his sole heirs his widow and a married daughter, who was of full age. The widow continued to occupy the premises as her homestead. The daughter afterwards died, leaving her husband and minor children as her sole and only heirs at law. Held, that under the statute of descents and distributions the surviving husband of the daughter is entitled to maintain an action for partition of the homestead.</p>