Osburn v. Sims

Citations

• 62 Miss. 429

Syllabus

<p>1. Homestead. 1light of owner to devise. Widovfs survivorship.</p> <p>There is no provision in the Code of 1880 which precludes the owner from devising his homestead as any other land, and only in case of his dying intestate in respect thereto can his widow assert her rights of survivorship under £ 1277 of the code.</p> <p>2. Same. Devised by husband. Widovfs rights. Separate estate and insurance money.</p> <p>A widow, whose separate estate owned by her at the time of her husband’s death, together with an amount collected upon a policy of insurance on her husband’s life taken out by him for her benefit, equals in value the interest which he would be entitled to in her husband’s estate if left without any property, has no right under the Code of 1880 to share in a homestead devised to another by her deceased husband.</p>