Wood v. Bott

Citations

• 56 Miss. 128

Syllabus

<p>1. Estate of Decedent. Sale of land. Widow and second husband purchasers. Rights of heirs.</p> <p>~W. died, leaving a will by which he appointed his wife executrix, directed that his estate be kepttogether, and gave her the control and management of his plantation until his son became of age, if she remained a widow; but if she married, then her part of the estate was to be separated from the children’s part. The widow renounced the will, married, and had her dower in the lands of her deceased husband set apart to her. She was removed from her office of executrix, and an administrator de bonis non of the estate was appointed. The administrator obtained an order of the court authorizing him to sell the lands of the estate to pay the debts of the decedent. The lands were sold, and the widow of the deceased, who had become the wife of B., bought the reversipn in the land set apart to her as her dower, and B. bought the other lands. The widow took possession-of the lands after the death of W., and she, with her husband, B., was still in possession at the time of the sale. At that time E. L. W. was the only heir, to the land. Held, that there was nothing'in the relationship of Mrs. B. to B. L. W., as his mother, or of B. as his step-father, or in their relationship to the land, which precluded either of them from purchasing at such sale.</p> <p>2. Same. Widow’s rights in land. When heir entitled to rents from her.</p> <p>Under the Code of 1857, a widow was entitled to the use of her deceased husband’s plantation, free of rent, till her dower was assigned, but if she retained possession of the whole after her dower was set apart, she became liable to the heir for the rent of all the land not embraced in her dower; and the facts that the lands were afterwards sold to pay the debts of the decedent, and the estate was declared insolvent, would not deprive the heir of his right to the rents accruing after the allotment of dower, and before the order of court making the lan