H. Schneider & Bro. v. Bray
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Edwin Bray and his wife, R. P. Bray, the appellee, owned as community property, and for many years occupied, a rural homestead of two hundred acres in Lamar county. Edwin, the husband, died, leaving appellee residing on that homestead. He left no other property, his estate was insolvent, and appellee - owned no other property in her own right or as community.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Edwin Bray and his wife, R. P. Bray, the appellee, owned as community property, and for many years occupied, a rural homestead of two hundred acres in Lamar county. Edwin, the husband, died, leaving appellee residing on that homestead. He left no other property, his estate was insolvent, and appellee - owned no other property in her own right or as community. J. H. L. Bray, their only child and son, was married, had a family, and lived elsewhere. Shortly after Edwin Bray’s death, appellee conveyed one-half of the old homestead to…
1Opinion of the Court
Willie, Chief Justice.—
It is well settled in this state, that, independent of the provisions of the 16th article and 52d section of the constitution of 1876, the surviving husband or wife is entitled to hold the homestead after the death of the other spouse, so long as such survivor may choose to occupy it. Blum v. Gaines, 57 Tex., 119; Kessler v. Draub, 52 Tex., 574.
By the above cited section of our constitution occupancy is expressly required only as against the right of the descendants of the deceased husband or wife to have the property partitioned and their interests set apart to them.
In…
2Cases cited11 opinions
- Blum v. GainesTexas Supreme Court · 1882
- Wolfe v. BuckleyTexas Supreme Court · 1880
- Cameron v. FayTexas Supreme Court · 1881
- Perez v. GarzaTexas Supreme Court · 1880
- Watkins v. BlatschinskiWisconsin Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Woods v. Alvarado State BankTexas Supreme Court · 1929
- Cocke v. ConquestTexas Supreme Court · 1931
- Hickman v. HickmanTexas Supreme Court · 1950
- Andrews Et Ux. v. SEC. Bank of W. F.Texas Supreme Court · 1932
- Blum v. LightTexas Supreme Court · 1891
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