Runnels v. Runnels
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Peter W. Gray. This suit was instituted in the District Court of Harris county by the appellant, the widow of Hiram G. Runnels, deceased, against the appellee the executor of said deceased, for the allowance provided as a substitute in lieu of the property which is exempt by law from forced sale.
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Appeal from Harris. Tried below before the Hon. Peter W. Gray. This suit was instituted in the District Court of Harris county by the appellant, the widow of Hiram G. Runnels, deceased, against the appellee the executor of said deceased, for the allowance provided as a substitute in lieu of the property which is exempt by law from forced sale. The petition alleged substantially, that Hiram G. Runnels departed this life on or about the 16th day of December, A. D. 1857, leaving a last will and testament, in which Hal. G. Runnels was named executor; that said decedent, at the time of his death,…
1Opinion of the CourtMoore, J.
The right of a widow and children of a deceased person, or the widow alone when there are no children entitled to-participate with her, to a provision for a years support, together-*519with the homestead and other property exempt by law from execution, or a substitute allowance therefor, is superior to that of the creditors, or the heirs until such time as that part of it in which they can claim an interest must be brought into partition. (Green v. Crow, 17 Tex., 180.) And since the right of a devisee is certainly inferior to that of a creditor, and only equal to that of the heirs of an…
2Cases cited1 opinion
- Green v. CrowTexas Supreme Court · 1856
3Cited by11 opinions
- Cocke v. SmithTexas Supreme Court · 1944
- Lindsley v. LindsleyTexas Supreme Court · 1942
- Holmes v. JohnsTexas Supreme Court · 1881
- Reeves v. GoodnerTexas Supreme Court · 1875
- Cooper v. CooperCourt of Appeals of Texas · 1943
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