Quinn v. Kinyon

• Decision Date: 02 June 1890
• Parties: QUINN v. KINYON.
• Court: Missouri Supreme Court

13 S.W. 873

100 Mo. 551

QUINN v. KINYON.

Supreme Court of Missouri.

June 2, 1890.

HOMESTEAD — WIDOW AND MINOR CHILDREN.

Under Gen. St. Mo. 1865, p. 450, § 5, providing that on the death of the head of a family his homestead shall vest in his widow or minor children, or, if there be both, in his widow and minor children, without being subject to deceased's debts, unless legally charged thereon in his life-time; and they shall take therein the same estate of which deceased died seised: provided, that such children shall, by force of this statute, only have an interest in such homestead until they shall attain their majority, — where deceased leaves no widow, the property becomes subject to deceased's debts on the arrival of the children at majority.

Appeal from circuit court, Butler county; C. L. KEATON, Judge.

This is an action of ejectment for a lot of land in Butler county. The pleadings are in usual form, and need not be recited. The material facts are not disputed. S. H. Strout is the common source of title. He died in August, 1873, leaving three minor children, but no widow. The property in dispute was his homestead. His children afterwards became of age, and then conveyed their interest in the homestead property to plaintiff. The estate of Strout was insolvent, and, there being a deficiency of personal assets for the payment of its debts, the administrator de bonis non duly sold the land in dispute to satisfy the unpaid demands. The proceedings for this sale were begun in the probate court after all the children of Strout had become of age, and are conceded to have been regular. Defendant's title is traced through this sale. Her possession since 1885 is admitted. The trial court found for defendant, and plaintiff appealed in due course.

L. D. Grove, for appellant. Geo. H. Benton, for respondent.

BARCLAY, J., (after stating the facts as above.)

The rights here in question under the homestead law are governed by the statutes in force in 1873, when S. H. Strout died; that is to say, by the General Statutes of 1865, which declared that, "if any such housekeeper or head of a family shall die, leaving a widow or any minor children, his homestead, to the value aforesaid, shall pass to and vest in such widow or children, or, if there be both, to such widow and children, without being subject to the payment of the debts of the deceased, unless legally charged thereon in his life-time; and such widow and children, respectively, shall take the same...