54 Neb. 33 | Neb. | 1898
It appears herein that on or about February 2, 1892, Solomon Ward, who was then a resident of Cass county, died seized of the east half of the southwest quarter of section 20, township 11 north, of range 9, and in said Cass county, and on which he with his wife was at the time of his death living as his home and homestead; that he did not devise the same; that he left surviving him a widow and several children. They had executed and delivered to one of the parties in this action a lease of the land described, and he had sublet it to a person, who is also of the parties to the suit. Administration of the estate of the deceased was granted by the county court to the appellee herein. The administrator claimed to
During the trial it was stipulated of record thait the land was the homestead of Solomon Ward and his wife, and was occupied by them as a homestead at the time of his death; that it was then incumbered or mortgaged in the aggregate sum of $2,625, and it was admitted that it was worth not to exceed $3,200. It is of the claim of appellee that if the land was a homestead, its occupancy has been abandoned by the widow, and it has in consequence thereof lost its homestead character. The right of the administrator to possession of the land of his decedent is by reason of its being subject to the payment of the debts of the deceased, and unless it is so subject, the reason for his being accorded the right of possession and control of it during the adxninistration has no existence. It is provided, in section 17, chapter 36, Compiled Statutes: “If the homestead was selected from the separate property of either husband or wife, it vests, on the death of the person from whose property it was selected, in the survivor for life and afterwards in his or her heirs forever, subject to the power of the decedent to dispose of the same except the life estate of the survivor by will. In either case it is not subject to the payment of any debt or liability contracted by or existing against the husband and wife or either of them previoxxs to or at the time of the death of such husbaxxd or wife,except such as exists or has been created under the provisions of this
Judgment accordingly.