112 Ky. 760 | Ky. Ct. App. | 1902
Opinion op the court by
Reversing.
Appellant, Margaret Redmond, and James Redmond were married about the year 1870. They had each been married before, and had had children by the former marriage. They did not live happily together, and after a few years separated, but were never divorced. James Redmond died in the year 1895, Margaret Redmond qualified as administratrix of his estate, and brought this suit n|s administratrix and. as widow for the settlement of the estate and for judgment in her favor for her interest therein. James Redmond, left no personal estate, except a certificate in a society to which he belonged, by which $40 was appropriated to pay the burial expenses of a member. Before the suit was brought to settle the estate, the children of James Redmond had paid off all the debts except $40 of the burial expenses, which was left to be paid by the $40 from the society. The administratrix collected the $40, and claimed it as part of her distributive share. As, by the rules of the society, the $40 was to be applied to the payment of the burial expenses, the court properly held that the fund should be paid on this bill, and, as this left no personal estate to be administered or debts to be paid, he properly dismissed the action for a settlement of the accounts of the administratrix.
The wife also claims that she is entitled to a homestead in the property on which her husband made his home. The fact that she wás separated from her husband would not, under the statute, affect her right to homestead. Meader v. Place, 43 N. H., 307; Folsom v. Folsom (N. H.), 34 Atl., 743; Duffy v. Harris (Ark.), 45 S. W., 545, 40 L. R. A., 750;
Judgment reversed, and cause remanded for further proceedings consistent with this opinion.