Walker v. Young

Citations

• 37 Tex. 519

Syllabus

<p>1. When there are children of a marriage and the homestead is community property, the surviving conjugal partner is entitled to retain the homestead, but, if there are no community debts, cannot sell more than his or her half of the property; and if, there being no such debts, he or she have attempted to sell the entire estate, and have delivered possession to the purchaser, the children are entitled to recover from the latter the community interest descended to them from their deceased parent.</p> <p>2. A surviving husband takes a life estate in one-third of lands which were the separate property of his deceased wife, but not in her moiety of the community lands</p>