Chapman v. McGrath

• Decision Date: 21 May 1901
• Citation: 163 Mo. 292,63 S.W. 832
• Court: Missouri Supreme Court
• Parties: CHAPMAN et al. v. McGRATH et al.

63 S.W. 832

163 Mo. 292

CHAPMAN et al. v. McGRATH et al.

Supreme Court of Missouri, Division No. 2.

May 21, 1901.

HOMESTEAD — DESCENT OF WIDOW'S HOMESTEAD TO HEIRS — STATUTES.

Rev. St. 1889, § 5435, provides that the homestead of every housekeeper or head of a family, of a certain value, in cities of a certain size, shall be exempt from attachment and execution; and section 5439 prescribes that if any such housekeeper or head of a family shall die, leaving a widow or any minor children, his homestead, to the limited value, shall pass to and vest in such widow or children, or, if there be both, to such widow and children, and shall continue for their benefit, without being subject to the payment of the debts of the deceased, until the youngest child shall attain its legal majority, and until the death of such widow. Held, that a homestead acquired by a widow does not descend on her death to her minor children, but descends to her heirs, subject to the payment of her debts.

Appeal from St. Louis circuit court; L. B. Valliant, Judge.

Ejectment by George M. Chapman and others against P. McGrath and others. From a judgment in favor of plaintiffs, defendants appeal. Reversed.

This is an action of ejectment for the possession of a tract of land in the city of St. Louis, described as follows, to wit: Lot 6 of city block 1077, having a front of 25 feet on the south line of University street, and a depth southwardly of same width of 145 feet 4½ inches to a public alley, on which lot there is erected a two-story dwelling house, known as "No. 2536 University Street," all of the value of not exceeding $2,500. The plaintiffs are the minor children of Mary T. Chapman, deceased, and sue by their next friend, Thomas M. Quinn. Their mother purchased the property on the 14th day of September, 1896, and received a deed of that date therefor, which was recorded in the office of recorder of deeds in the city of St. Louis on September 17, 1896. At the time of the purchase of the property she, together with her minor children, the plaintiffs herein, took possession of it, and occupied it as their homestead until the 4th day of October, 1897. On the 14th day of September, 1896, Mrs. Chapman executed to Frederick A. Bacon, trustee, a deed of trust by which she conveyed to him the property in question, and delivered to him possession thereof, to secure to John T. Malter $600 and notes for the interest. Mary T. Chapman died November 10, 1896. Her estate was thereafter taken charge of by W. C. Richardson, public administrator of said city, who thereafter, in pursuance of an order of the probate court of said city, sold said property for the payment of debts allowed against the said estate, and, in accordance with said sale, executed to one F. A. Hinners a deed to said property, in which is recited the order of the probate court of the city of St. Louis made at its June term, 1897, directing said administrator to sell the land in question at private sale, and the steps taken by him in carrying out said order, the sale of the property to F. A. Hinners for the sum of $1,200, his report of sale at the next term of the probate court, and the approval thereof by the court. Hinners thereafter sold the property to the defendants McGrath for the sum of $2,100, and on the 4th day of October, 1897, his...