Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-05-12
THE COURTS.
Sstpre,'se Court.
OPINION.

In the matter of the estate of Harvey Wilson
deceased. In relation to an appeal from a,
order of said court made on the 18th day o
July, A. D.. 1879, disallowing' certain item
in the administrators account. Halse,
Wilson, Hiram Wilson, Henry Wilson, ap
pellants.
Syllabus-W., at the time of his decease
occupied as a homestead house and thre
lots on a certain block in the city of Saltwater
forming one tract or parcel OF land. III
house was situate in part upon each of tn
three lots. From and after his decease hi
lots as homestead, without objection by an!
one. No portion or part OF said lots had eve
been selected by the widow, or set apart by tn
probate court to her as a homestead. The ad
minstratOr of the estate Of w. made repair
on the property and paid the taxes upon tn
entire tract, which were assessed thereon afte
the death of w. and during the occupancy o
the property by the widow, and charged TIN
same to the estate Of The deceased.
Held, that it was the duty Of the widow
and not of the administrator, to make repair
and pay taxes upon the homestead during tn
time she used and occupied the same, and tha
the administrator had no right to use the per
sonal assets OF the estate in making such re-
pairs or paying such taxes.
Under the laws of the State the method o.
dedicating land as homestead Is by visible
use and occupancy, and where the homestead
is included In and is part of single tract
containing more than the amount of land al
lowed by law as homestead, the purpose
of selection by the widow, or family, or o.
an order of court assigning the homestead to
them. is not to vest the homestead right or es
tate in them, for this is already done by the
operation of law, by virtue of their use and oc'
cupancy..
is to ascertain and determine the exact bound
aries of the homestead, and OF the excess OF
the tract which may be the subject of admin
istration. An omission of the willow to make
selection in such case does not render the en-
tire tract assets of the estate for the purposes
of administration. In such case, if the ad
ministrator desires to assert his right to thu
possession of the excess of the tract it is his
duty to take steps to have the boundaries OF
the homestead ascertained, aud thus ascertain
what part of the tract he is entitled to the pos
session of.
The word s'lot," as used in the homestead
law, is not synonymous with 'tract" or ''par.
eel but is to be understood in the sense Of a
village term or city lot, according to the sur
vey and plat of the village term, or city in
which the property is situated.
Order appealed from modified by disallowing
the charges in the administrators account fol
repairs made and taxes paid on the homestead.
MITCHELL, J.
It is understood at the postoffice department
the President and postmaster general have de-
cided, since Grere declined the position OF
third assistant postmaster general, not to
make the contemplated changes in the office
of third assistant postmaster general, and the
assistant attorney general for the postoffice
department. The nomination OF General
Hazen to be assistant attorney general
for the department will, it is understood, be
withdrawn, and will remain in his present po-
sition. Judge Freedman, whose resignation
as assistant attorney general for the depart
ment has been rendered, but not yet accepted
remain at the head of the law Office depart
ment.