Oschsver v. German Bldg. & Sav. Ass'n

Court of Appeals of Kentucky

Oschsver v. German Bldg. & Sav. Ass'n

12 Ky. Op. 217, 5 Ky. L. Rptr. 177, 1883 Ky. LEXIS 212

Court of Appeals of Kentucky·Decided June 16, 1883·Published

Opinion

Opinion by

Judge Hargis:

The appellant having accepted the provisions of her husband’s will, which are subject to the payment of his debts out of the estate de[218]*218vised to her, though not expressly directed by the will to be paid, can not claim a homestead in the land, no renunciation of the will having been made by her within the time prescribed by law: Watson v. Christian, 12 Bush (Ky.) 524.

Stevenson, O'Hara & Bryan, for appellant. Simmons & Schmidt, for appellee.

Judgment affirmed.

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Opinion by

Judge Hargis:

The appellant having accepted the provisions of her husband’s will, which are subject to the payment of his debts out of the estate de[218]*218vised to her, though not expressly directed by the will to be paid, can not claim a homestead in the land, no renunciation of the will having been made by her within the time prescribed by law: Watson v. Christian, 12 Bush (Ky.) 524.

Stevenson, O'Hara & Bryan, for appellant. Simmons & Schmidt, for appellee.

Judgment affirmed.

Oschsver v. German Bldg. & Sav. Ass'n, 12 Ky. Op. 217, 5 Ky. L. Rptr. 177, 1883 Ky. LEXIS 212 (Ky. Ct. App. 1883).

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