Morrill v. Hopkins

Citations

• 36 Tex. 686

Syllabus

<p>1. If two-tliirds of the purchase-money for property used as a homestead had been paid previous to the death of a married woman, her issue were entitled in equity to an interest of one-half of two-tliirds of the property, by virtue of the law of descent and distribution; and if, after her death, the remainder of the purchase-money was paid out of means belonging to the community estate, and the deed was taken in the name of the surviving husband, then he would hold one-half of the property ill trust for the children; and all purchasers with notice of the trust, would take no title as against the beneficiaries.</p> <p>2. The homestead of a family cannot be sold without the consent of the wife, except for the payment of the purchase-money; but, after the death of the wife, the surviving husband has a right, which the heirs cannot defeat, to change the homestead of his family; and when the homestead is so changed, the abandoned place is subject to the same law as other property, and if it he community property, and he sold for the payment of community debts, the purchaser takes a good title.</p> <p>3. When a married woman dies intestate, her community interest descends alike to all her children, whether hy the same or hy several husbands.</p>