Wenar v. Stenzel

Citations

• 48 Tex. 484

Syllabus

<p>1. Marital rights.—The power of the surviving husband to sell community property, for the purpose of paying community debts, has been recognized by repeated decisions, and it was not affected by the act of 1856, (Paschal’s Dig., art. 4636,) amendatory of the marital-rights act, which enabled the survivor of the community to control and dispose of the community estate by filing an inventory and appraisement thereof.</p> <p>2. Marital rights.—There is no rule of law which requires the surviving husband to exhaust the personalty before selling land belonging to the community estate, for the purpose of discharging community debts.</p>