Osburn v. Sims
Mississippi Supreme Court
Appeal from the Chancery Court of Copiab County. Hon. E. G. Peyton, Chancellor. In October, 1883, B,. D. Osburn, who was childless, but having a wife living, died, leaving a last will and testament by which he devised to his infant nieces, Kate and Daisy Osburn, the house and lot occupied and used by him as a homestead at the time of his death. The testator owned no other property except his household furniture, which was not disposed of by his will.
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Appeal from the Chancery Court of Copiab County. Hon. E. G. Peyton, Chancellor. In October, 1883, B,. D. Osburn, who was childless, but having a wife living, died, leaving a last will and testament by which he devised to his infant nieces, Kate and Daisy Osburn, the house and lot occupied and used by him as a homestead at the time of his death. The testator owned no other property except his household furniture, which was not disposed of by his will. The widow, Linnie L. Osburn, being in possession of the premises devised, refused to surrender the same to the devisees, claiming that the law…
1Opinion of the CourtCampbell, C. J.
The right of the wife surviving her husband to the homestead he had owned, under § 1277 of the Code of 1880, which in this respect does not differ from the Code of 1871, is dependent on his dying intestate as to the homestead. It descends when the owner does not dispose of it as he may. The exemptionist may devise the homestead in the same manner and with the same effect as any other land. No change as to this was wrought by the Code of 1880. The following cases are decisive of this : Turner v. Turner, 30 Miss. 428 ; Nash v. Young, 31 Miss. 134 ; Norris v. Callahan, 59 Miss. 140.
Section 1175…
2Cases cited3 opinions
- Turner v. TurnerMississippi Supreme Court · 1855
- Norris v. CallahanMississippi Supreme Court · 1881
- Nash v. YoungMississippi Supreme Court · 1856
3Cited by10 opinions
- Matter of Estate of MasonMississippi Supreme Court · 1993
- Gordon v. JamesMississippi Supreme Court · 1905
- Biggs v. RobertsMississippi Supreme Court · 1959
- Mills v. MillsMississippi Supreme Court · 1973
- Kelly v. AlredMississippi Supreme Court · 1888
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