Weaver v. First National Bank

Citations

• 76 Kan. 540
• 94 P. 273
• 1907 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homesteads — Exemption Applies to Surviving Husband or Wife. Although under the provision 'of the Kansas constitution that “a homestead . . . occupied as a residence-by the family of the owner . . . shall be exempted from forced sale under any process of law” (Gen. Stat. 1901, § 235) a right to exemption cannot originate without the existence-of a family — of a household consisting of more than one-person, yet, when the homestead character has once attached, it may persist for the benefit of a single individual (either the husband or the wife) who is the sole surviving member of the family. The case of Ellinger v. Thomas, 64 Kan. 180, 67 Pac. 529, overruled.</p> <p>2. - Creditors of the Widow — Time of Incurring Indebtedness. Where a wife after the death of her husband continues to reside upon the family homestead, although she is its sole occupant, it is exempt against her own creditors as; well as against the creditors of her husband’s estate, irrespective of the time the indebtedness was incurred, and without regard to which spouse held the legal title to the property during their married life.</p>