Tiebout v. Millican

Citations

• 61 Tex. 514
• 3 Tex. L. R. 35
• 1884 Tex. LEXIS 137

Syllabus

<p>1. Abandonment by the widow of an allowance made in lieu of homestead.— An allowance was made to a widow from the estate of the deceased husband in 1855 in lieu of homestead. In 1880 her claim to an unpaid balance of such allowance was resisted by creditors of the estate, who pleaded an agreement between the creditors, the administrator and the widow, that she should be permitted to retain and appropriate assets in her hands, which she did appropriate, in lieu of the allowance, and that she abandoned all claim to the unpaid balance. Held:</p> <p>(1) That the facts stated constituted a good defense to the claim,</p> <p>g) That the claim was a stale demand</p>