Horn v. Arnold

Citations

• 52 Tex. 161
• 1879 Tex. LEXIS 125

Syllabus

<p>1. Estates of decedents—Homestead.—The widow and children (or either, as the ease may be) to whom a homestead was set apart under the probate law of 1848, out of an insolvent estate, took an estate in fee, freed and discharged from the liens of creditors, unless it be for purchase-money, or for work and labor or materials furnished in constructing or erecting improvements on the property.</p> <p>2. Cases reaffirmed.—Reeves v. Petty, 44 Tex., 249, and Green u. Crow, 17 Tex., 188, reaffirmed.</p> <p>3. Estates of decedents—Homestead.—The widow and children to whom a homestead allowance was made, took an estate in the homestead set apart to them, free from any claim of inheritance by other children or heirs not beneficiaries of or entitled to share in the allowance.</p> <p>4. Statutes construed—Homestead estate.—To construe the statute which directs that the property exempt from forced sale shall be set apart for “ the use and benefit of the widow and children, if there be either, or any,” so as to include adult children as well as minors, would be to lose sight of the object of the statute, in order to give effect to tlie literal import of a single word.</p>