Hanks v. Crosby

Citations

• 64 Tex. 483

Syllabus

<p>1. Homestead — Administrator — Limitation.— Community property, occupied as a homestead at the time of the husband’s death, was afterwards sold by the wife during the minority of their only child; administration was taken out on the estate, and more than ten years after, suit was brought by the child against the purchaser from her mother. Held, that the only cases in which it has been decided that the statute of limitations ran against a minor cestui que trust, in favor of a stranger, have been those in which the legal title to the property was vested in the trustee. Williams v. Otey, 8 Humph., 569; Smilie v. Biffle, 2 Barr, 52. On the death of the husband the legal title to the homestead vested in the wife and child, and the administrator had no right or control over it as part of the assets held by him for purposes of administration. Sossaman v. Powell, 21 Tex., 664; O’Docherty v. MeGloin, 25 Tex., 72.</p>