Wells v. Petree

Citations

• 39 Tex. 419

Syllabus

<p>1. A will taking effect by the death of the testator in 1848, and disposing of the community property, part to his children and a part to the widow, with power to her to sell her share if necessary for the maintenance of the minor children, while it could have been defeated by the widow, yet upon her assenting to it, and taking her share under its provisions, became binding against all claiming under her.</p> <p>2. The husband by his will has the right to and can compel an election by the widow to take under the will or against it under the laws.</p> <p>3. The widow taking under such will was bound by its provisions, and had no right to sell her share, except under the conditions prescribed in the will.</p> <p>4. The will giving only the power to sell for maintenance of the minor children, a sale not required or made for such purpose conveyed no title, and lands so conveyed without authority, on her death, could be recovered by the heirs of testator.</p>