Wycoff v. Snapp

• Decision Date: 08 September 1914
• Citation: 72 Or. 234,143 P. 902
• Parties: WYCOFF ET AL. v. SNAPP ET AL.
• Court: Oregon Supreme Court

143 P. 902

72 Or. 234

WYCOFF ET AL. v. SNAPP ET AL.

Supreme Court of Oregon

September 8, 1914

Department 2.

Appeal from Circuit Court, Lane County; L. T. Harris, Judge.

Suit by Jesse P. Wycoff and others against Emma B. Snapp and others. From a decree for defendants, plaintiffs appeal. Affirmed.

The circumstances out of which this suit arose are as follows James W. Wycoff died in 1905, leaving a widow, Emma B Wycoff, now Emma B. Snapp, and five children, who are the plaintiffs in this suit. At the time of his death the decedent and his family were residing upon the land in dispute as a homestead, and the family continued so residing until February 28, 1908, when the county court set apart the land to the widow, in accordance with section 1234, L. O. L for the use of herself and these plaintiffs. Subsequently the widow married L. P. Snapp, and thereafter sold the premises to defendant Cook. It is charged that she has failed to use the land or the proceeds for the support of the children, but has wasted and dissipated the money received therefor; and the prayer of the complaint is that the deed to Cook be declared void and canceled. The sections of the statute bearing upon this subject are sections 221, 226, 1234, L. O. L., which are as follows:

"The homestead of any family shall be exempt from judicial sale for the satisfaction of any judgment hereafter obtained. Such homestead must be the actual abode of, and owned by such family or some member thereof. * * * The homestead aforesaid shall be exempt from sale on any judicial process after the death of the person entitled thereto for the collection of any debts for which the same could not have been sold during his lifetime, but such homestead shall descend as if death did not exist. * * * Upon the filing of the inventory, the court or judge thereof shall make an order, setting apart for the widow or minor children of the deceased, if any, all the property of the estate by law exempt from execution. The property thus set apart, if there be a widow, is her property, to be used or expended by her in the maintenance of herself and minor children, if any; or if there be no widow, it is the property of the minor child; or if more than one, of the minor children in equal shares, to be used or expended in the nurture and education of such child or children, by the guardian thereof, as the law directs."

H. E Slattery, of Eugene (W. G. Martin, of...