Burt v. Box

Citations

• 36 Tex. 114

Syllabus

<p>There being no homestead pertaining to an insolvent estate, the probate court ordered the administrator to pay to the widow of the decedent two thousand dollars in lieu of a homestead. The guardian of the decedent’s child, a minor, sued the administrator for half of the allowance in lieu of a homestead, setting forth in the petition the order of allowance. Held,, that exceptions to the plaintiff’s petition were properly sustained. The allowance being made to the widow, she alone could maintain an action for it; though she might, without impropriety, join her minor child, by special guardian, in her suit against the administrator for the allowance.</p>