Roco v. Green

Citations

• 50 Tex. 483

Syllabus

<p>1. Homestead—Family.—From the authorities, the following rules to determine when the relations of a family as contemplated by law exist, are deduced:</p> <p>1. It is one of social status, not of mere contract.</p> <p>2. Legal or moral obligation on the head to support the other members.</p> <p>3. Corresponding state of dependence on the part of other members for their support.</p> <p>2. Family relation, how broken.—The law contemplates that as the older members of the family grow up and marry, or move off and leave the paternal roof, the legal relation of a family as it had formerly existed, as to such members so leaving, ceases, and other relations and families are formed.</p> <p>3. Family—Married daughter.—Under the probate law of 1870, a married daughter, with her children, residing with her mother, formed no constituent member of the family such as to entitle her and her children to the homestead upon the death of her mother.</p>