Ashe v. Yungst

Citations

• 65 Tex. 631
• 1886 Tex. LEXIS 721

Syllabus

<p>1. Homestead—Community—Survivor may sell community homestead to pay community debts—Where debts exist against the community estate, the survivor may sell the community homestead for the purpose of paying them, without having qualified under the statute, as such survivor.</p> <p>2. Same—Surviving parent—Children—Section 52, article 16, constitution, 1876, construed—Children have no interest in the homestead, as such, as against the surviving parent, by virtue of the homestead rights of their deceased parent, but they take title to such property just as they would to other real property; and there is no distinction in this respect between adult and minor heirs, except that the latter may indirectly receive a benefit through the possessory right given the surviving parent or their guardian, on account of the family of which they may be constituents.</p> <p>3. Case distinguished—The case of Kirkland v. Little, 41 Tex. 456, distinguished.</p>