Sawin v. Osborn

Citations

• 87 Kan. 828
• 126 P. 1074
• 1912 Kan. LEXIS 249

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Death op Husband — Wife Entitled to Homestead. Where a husband and wife occupy real estate owned by him as a homestead his death will not operate to deprive the wife' of the homestead exemption although she may be the sole surviving member of his family, nor do the statutory provisions regarding the descent of the property to the surviving widow operate to make her homestead subject to the payment of her husband’s debts.</p> <p>2. Partition — Owelty—Lien. In order to make an equitable partition of property it is competent for the court to require one party who has been allotted a share of greater value than was allotted to another to pay owelty to such other and thus equalize the shares of the respective parties, and if it is not practicable to pay such owelty at once the court may charge the amount of it as a lien on the excessive allotment.</p> <p>3. Homestead — Partition—Occupancy by Widow. It was not inequitable or illegal to allow the widow to occupy the residence on the share allotted to her cotenants for a reasonable ■ time and until' a building was removed and a home made on the portion allotted to her.</p>