Sears v. Sears
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. H. Barksdale. Caroline W. Sears, widow of John Sears, sued Eobert Sears and others, children of John Sears and a former wife, for the homestead and other exempt, property of the deceased. The defense interposed was that the plaintiff had abandoned the deceased without cause.
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Appeal from Dallas. Tried below before the Hon. H. Barksdale. Caroline W. Sears, widow of John Sears, sued Eobert Sears and others, children of John Sears and a former wife, for the homestead and other exempt, property of the deceased. The defense interposed was that the plaintiff had abandoned the deceased without cause. Plaintiff justified her separation from her husband, replying that she was compelled to leave lfim on account of Ms cruel treatment to her, alleging the acts of cruelty. On the trial the court submitted the following special issues to the jury: 1. Whether plaintiff left the…
1Opinion of the Court
Moore, Associate Justice.
If appellant, without any just and reasonable cause, voluntarily abandoned her husband, and, without any intention of returning, continued to live separate and apart from him until his death, it is well settled by the former decisions of this court that she cannot claim the benefit of the homestead law. (Trawick v. Harris, 8 Tex., 312; Earle v. Earle, 9 Tex., 630.)
It is only when there is some surviving constituent of the family that property exempt from forced sale forms no part of the estate of a deceased person, upon which administration can he had. (Paschal’s…
2Cases cited2 opinions
- Trawick v. HarrisTexas Supreme Court · 1852
- Earle's Ex'ors v. EarleTexas Supreme Court · 1853
3Cited by27 opinions
- Texas Employers' Ins. Ass'n v. DowningCourt of Appeals of Texas · 1919
- Hall v. FieldsTexas Supreme Court · 1891
- Duke v. ReedTexas Supreme Court · 1885
- Coons v. LainCourt of Appeals of Texas · 1914
- Pendleton v. BrownArizona Supreme Court · 1923
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