Ball, Hutchings & Co. v. Lowell
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On .the 16th of August, 1880, the appellee, Carrie Lowell, as the widow of H. Lowell, deceased, for herself and her two minor children, aged respectively nine and twelve years, filed her application in the county court of Galveston county, in the matter of the estate of H. Lowell, deceased, for an allowance in lieu of homestead and other exempted articles, alleging that they did not exist in' kind in the…
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On .the 16th of August, 1880, the appellee, Carrie Lowell, as the widow of H. Lowell, deceased, for herself and her two minor children, aged respectively nine and twelve years, filed her application in the county court of Galveston county, in the matter of the estate of H. Lowell, deceased, for an allowance in lieu of homestead and other exempted articles, alleging that they did not exist in' kind in the estate; and also for one year’s support for herself and her children. On the 4th of October, the appellants, Ball, Hutchings…
1Dissent
*586Dissenting Opinion.
Stayton, Associate Justice.
Hot being able to concur in the opinion of the majority of the court, I will briefly state the grounds of my dissent.
The statute provides that, “At the first term of the court after an inventory, appraisement and list of claims have been returned, it shall be the duty of the court, by an order entered upon the minutes, to set apart for the use and benefit of the widow and minor children and unmarried daughters remaining with the family of the deceased, all such property of the estate as may be exempt from execution or forced sale by the…
2Cases cited1 opinion
- Mabry v. WardTexas Supreme Court · 1878