Woodall v. Rudd

Citations

• 41 Tex. 375

Syllabus

<p>1, Allowance op value op exempt property not forming part of the estate.—Doubtful whether under the probate law now in force the court can set apart to the widow the value of such property exempt from execution as may not belong to the estate or forming no part thereof.</p> <p>% Homestead—Adlowance of value to widow.—Where the husband, with consent and approval of the wife, who joins in the deed, disposes of the homestead to their minor children, and soon thereafter dies insolvent: Held, that the widow could not appropriate other property as homestead, nor will the court set apart a homestead to her as against the creditors of the estate.</p> <p>3. Deed construed as will.—Deeds' executed in contemplation of death, and forming part of a testamentary disposition, will be construed as part of such will.</p>