Earle's Ex'ors v. Earle
Texas Supreme Court
Appeal from Harris. Proceedings in this case commenced before the Probate Court of Harris county. It was by an application of the appellee, as the .widow of the appellant’s testator, to have the late homestead of her deceased husband stricken from the inventory of his estate, and for the further allowance to her of one year’s support for herself and minor child, and also such other property as is directed by the statute to be exempted from forced sale.
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Appeal from Harris. Proceedings in this case commenced before the Probate Court of Harris county. It was by an application of the appellee, as the .widow of the appellant’s testator, to have the late homestead of her deceased husband stricken from the inventory of his estate, and for the further allowance to her of one year’s support for herself and minor child, and also such other property as is directed by the statute to be exempted from forced sale. To this application the executors of Earle made opposition, and in their answer charge, in substance, that the petitioner, Ann Earle, had, in…
1Opinion of the CourtTjIPSCOMr, J.
The allegations o£ voluntary abandonment oí her lmsband against his will, and continuing apart from him against his wishes and entreaties, an; to be. taken as admitted ; and also the abandonment oí his name, and the assumption of another name, by which name she had brought suits in ihe DM riot Court oí Harris county, is to be taken as true, because the demurrer admits the truth of all (hose allegations.
Can a who, who has voluntarily abandoned the home of her husband, claim tlie ben-dii. iiie homestead law, after the death of her husband? The principle invoiw d in tills question was considered…
2Cited by19 opinions
- Clements v. LacyTexas Supreme Court · 1879
- Ezell v. DodsonTexas Supreme Court · 1883
- Hall v. FieldsTexas Supreme Court · 1891
- Duke v. ReedTexas Supreme Court · 1885
- Rosholt v. MehusNorth Dakota Supreme Court · 1894
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