Kelly v. Alred

Citations

• 65 Miss. 495

Syllabus

<p>1 Homestead. Bight of wife to devise. Sections 1169 and 1860, Code of 1880, construed.</p> <p>Under Section 1169, Code of 1880, which provides that, “A married woman may dispose of her estate, real and personal, by last will and testament, in the same manner as if she was not married,” a wife has the right to devise the homestead occupied with her husband, it being her separate property, unaffected by the provision of Section 1260 of the Code, that, ■“No conveyance of the homestead interest, when this interest is the separate property of the wife, shall be valid and binding, unless signed and acknowledged by the husband living with his wife.”</p> <p>2. Same. Descent thereof under Section 1%79, Code of 1880.</p> <p>The provision of Section 1279, which gives to the surviving husband the homestead owned by his deceased wife, she having left no issue, was intended to apply only where the wife dies intestate.</p> <p>3. Same. Devise by wife. Remedy of dissatisfied husband. Sections 117%, 1178, 1174, Code of 1880.</p> <p>A husband dissatisfied with a provision as to the homestead or other property, made for him in the will of his deceased wife, may renounce the will and claim a distributive share of the estate, under Section 1172, Code of 1880; or, if no provision be made for him, he may claim a distributive-share under Sections 1173 and 1174.</p>