Wiseman v. Parker
Mississippi Supreme Court
From the chancery court of Union county. Hon. Baxter McFarland, Chancellor. The personal estate of his intestate being insufficient to pay debts, N. J. Parker, administrator of J. M. Wiseman, filed his bill against the widow and children of the decedent for the sale of all of the lands owned by him at the time of his death, save and except the northeast quarter of a certain section, on which the dwelling house was situated.
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From the chancery court of Union county. Hon. Baxter McFarland, Chancellor. The personal estate of his intestate being insufficient to pay debts, N. J. Parker, administrator of J. M. Wiseman, filed his bill against the widow and children of the decedent for the sale of all of the lands owned by him at the time of his death, save and except the northeast quarter of a certain section, on which the dwelling house was situated. This legal subdivision he alleged constituted the homestead exemption of the widow and children. The widow of the decedent, in her answer, admitted that the dwelling house…
1Opinion of the CourtWoods, J.
Mrs. Wiseman had no title nor any vested interest in the lands of her husband during his life, and at his death, by legal devolution, there was cast upon her and her minor children, the homestead of the husband. She took this homestead precisely as the husband left it, and was without power to make a selection of a homestead under § 1972, code of 1892. This-right to select by a statutory declaration belongs solely to the-owner of the lands. If the husband had, during his life, selected the homestead, the wife would be confined to that selection; if no selection has been made by the husband,…
2Cited by6 opinions
- Hendry v. HendryMississippi Supreme Court · 1974
- Horton v. HortonMississippi Supreme Court · 1950
- Hinds v. MorganMississippi Supreme Court · 1897
- Robert G. Bruce Co. v. Spears Et Ux.Mississippi Supreme Court · 1938
- In Re CobbinsUnited States Bankruptcy Court, S.D. Mississippi · 1999
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