58 Vt. 388 | Vt. | 1886
The opinion of the court was delivered by
This is a petition by Elvira M. Russ, now the wife of the co-petitioner, formerly the wife.of the intestate, Edwin F. Henry, to have a homestead set out to her in certain real estate, of which at one time Edwin F. Henry was part owner. From the facts found by the County Court it appears, that Edwin F. Henry was grandson and sole heir of Thomas Lull; Lull deceased in July, 1884. At that time, and for several years previously, Thomas Lull and his wife, and Edwin F. Henry and his wife and children, were in the occupancy of the farm in which the homestead asked to be set out, is claimed to exist. The title to the farm was in Thomas Lull. It did not appear under what right, or arrangement Edwin F. Henry and his family were occupying the farm, in connection with Thomas Lull and wife, before and at the time of the death of Thomas Lull. On the death of Thomas Lull, the farm became the 'property of his widow, and the grandson, Edwin F. Henry. Yery soon after the death of Thomas Lull, August 3, 1884, the widow of Thomas Lull, and Edwin F. Henry, joined in a deed conveying in terms, the entire farm. The then wife of Edwin F. Henry, now the petitioning wife, did not join in that conveyance. She now claims, that at the time of that conveyance, Edwin F. Henry had a homestead right in the premises, which could not be conveyed by his sole deed. Edwin F. Henry having deceased while occupying the farm, under some arrangement she asks to have her homestead set out to her. Under the present law, to have a homestead exist in premises owned by the husband, the premises, or some part of them, must be tosed or kept as a homestead by such husband, or head of a family. Sec. 1894, R. L. West River Bank v. Gale, 42 Vt. 27; Whiteman v. Field, 53 Vt. 554. Whether Edwin F. Henry used or kept'the premises in
