Terry v. Terry

Citations

• 39 Tex. 310

Syllabus

<p>1. The surviving widow of one who dies leaving no homestead is entitled for herself and family to an allowance, in lieu of the homestead, out of the estate ; and she is also entitled to an allowance in lieu of such personal property exempt by law from forced sale as her husband did not leave her at the time of his death.</p> <p>2. Articles 6884 and 6994, Paschal’s Digest, being parts of different acts of the Legislature passed on the same day, are to be construed in pari metería.</p> <p>3. In no case should the allowance for a homestead exceed five thousand dollars.</p> <p>4. See this case for rules suggested for the guidance of the District Courts in making such allowance.</p>