Morton v. McCanless

Citations

• 68 Miss. 810

Syllabus

<p>1. Homestead. Act of 1865. Descent.</p> <p>Under the act of 1865 (Laws, p. 137), which provided that on the death of a husband his homestead descended to his widow as the head of the family during her widowhood “ for the use and benefit of herself and children,” etc., the children became tenants in common therein with the widow during her widowhood, and entitled to the fee at her marriage or death. Harding. Osborne, 43 Miss. 532.</p> <p>2. Same. Sale by guardian. Probate court. Code 1857.</p> <p>And the interest of the children in such homestead, even during the life of the widow, was subject to be sold by the guardian under order of the probate court, just as other lands belonging to them. Code 1857, art. 151, p. 463; McCaleb v. Burnett, 55 Miss. 83.</p>