Singletary v. Hill

Citations

• 43 Tex. 588

Syllabus

<p>1. Rule in Shelley’s case.—A deed conveying land to M. D. and the heirs of her body * * to have and to hold unto her, the said M. D., and her said heirs forever, conveyed to her the absolute estate.</p> <p>2. Sale of homestead for partition.—Under the probate law of 1848 a sale of the homestead ordered and made upon the report of commissioners that partition was impracticable passed the title.</p> <p>3. Same.—The surviving husband could, under the said probate law, take the land, accounting to the other distributees for then- part of the value of the land so sold for partition, in the absence of fraud.</p>