Tiemann v. Robson

Citations

• 52 Tex. 411
• 1880 Tex. LEXIS 8

Syllabus

<p>1. Community property—Descent and distribution.—The community interest of the wife in land vests on her death in her children, and if the surviving husband afterwards marries and dies, leaving a second wife surviving him, such interest is not subject to sale as a part of his estate for the purpose of raising an allowance for his widow and minor children, including those of the second marriage.</p> <p>2. Same.—The purchaser at a sale ordered for such a purpose, acquires no title to the community interest in the land sold, which was inherited by the children of the first wife.</p> <p>3. Same—Estoppel.—Minor heirs of the first wife, who had received a portion of the allowance made for the benefit of themselves and the second wife, which was paid out of the proceeds of the sale of their community interest in land inherited from their mother, would not be thereby estopped from recovering such land, it being shown that there were assets of the estate properly applicable to the payment of the allowance.</p>