Little v. Birdwell
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This case is an offshoot from the case of Little v. Birdwell, reported in 21st Texas Reports, 597, where may be found the will and concomitant facts which engendered the litigation.
Read the full summary
Appeal from Rusk. Tried below before the Hon. C. A. Frazer. This case is an offshoot from the case of Little v. Birdwell, reported in 21st Texas Reports, 597, where may be found the will and concomitant facts which engendered the litigation. On the 20th day of July, 1858, the appellants, Little and wife, represented to the County Court that no year’s allowance had ever been set aside for the widow (now Mrs. Little,) and children of Richard J. Ball, deceased; wherefore they prayed that two hundred and fifty dollars be allowed her therefor. They further represented that at the time of the death…
1Opinion of the CourtMoore, J.
We are not called upon in this case to decide,, whether a party can, by a testamentary disposition of his property,, prevent an appropriation of it being made by the chief justice as an allowance to the widow and children for a year’s support, and in lieu of such property as is exempt from execution or forced sale by the constitution. Nor is it necessary for us to enquire whether the widow and children are forced to elect between such provision as may be made for them by the will, and the allowance for a year’s support, and in lieu of property exempt from forced sale, which, by articles 752…
2Cited by15 opinions
- Dunlap v. SoutherlinTexas Supreme Court · 1885
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Mayo v. Tudor's HeirsTexas Supreme Court · 1889
- Packard v. De MirandaCourt of Appeals of Texas · 1912
- Taylor v. A. G. Branham & Co.Supreme Court of Florida · 1895
10 more not listed; retrieve them via the Exa API.