Mabry v. Ward

Citations

• 50 Tex. 404

Syllabus

<p>I. Allowance in lieu of homestead.—Under the probate law of 1848, (Paschal’s Dig., 1305,) the widow and children are entitled to an allowance in lieu of property exempt from forced sale, when no ■ such property exists and their right is not affected by their owning a separate estate which may be sufficient for their support.</p> <p>2. Same.—Nor is such right affected by the failure of the probate judge to make the allowance at the time required.</p> <p>3. Same.—Such allowance takes precedence of all obligations’of deceased save vendor’s lien debts.</p> <p>4. Reasonable allowance.—An allowance of $2,000 in lieu of a homestead and of $500 of other exempt property, to a widow and children of a decedent wiio resided in the city of Jefferson, Texas, . held to be a proper and reasonable allowance.</p>