Allen v. Ramey
Court of Appeals of Texas
Appeal from District Court, Hopkins County; Wm. Pierson, Judge. Suit by 6. W. Allen and others against T. J. Ramey and others. Judgment for defendants, and plaintiffs appeal. Appellants Mrs. Q. W. Allen and Mrs. M. A. Hatchett were the children of T. R. Chaney by his first wife. He died intestate August 10, 1916, leaving his second wife, appel-lee Mrs. Lillian Chaney, and three children by her, who are also appellees, surviving him.
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Appeal from District Court, Hopkins County; Wm. Pierson, Judge. Suit by 6. W. Allen and others against T. J. Ramey and others. Judgment for defendants, and plaintiffs appeal. Appellants Mrs. Q. W. Allen and Mrs. M. A. Hatchett were the children of T. R. Chaney by his first wife. He died intestate August 10, 1916, leaving his second wife, appel-lee Mrs. Lillian Chaney, and three children by her, who are also appellees, surviving him. The community estate between said Chaney and his second wife consisted of a stock of groceries, estimated to be worth $1,500, and the land in Hopkins county in…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1,2] The land in question belonged to the community estate between T. R. Chaney and his second wife, appellee Mrs. Lillian Chaney. It was their homestead at the time he died. Chaney did not leave a will, and therefore his undivided half interest in the land passed to his five children, each of whom took an undivided one-fifth thereof, or an undivided one-tenth of the whole tract, subject alone, in the absence of indebtedness of the character specified in article 3427, Yernon’s Statutes, as was the case, to the homestead right therein of said Chaney’s widow…
2Cases cited9 opinions
- Modern Woodmen of America v. YanowskyCourt of Appeals of Texas · 1916
- Stephenson v. MarsalisCourt of Appeals of Texas · 1895
- Paul v. WillisTexas Supreme Court · 1887
- American Bonding Co. of Baltimore v. LoganTexas Supreme Court · 1914
- Dorman v. GraceCourt of Appeals of Texas · 1909
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3Cited by7 opinions
- Cline v. NibloTexas Supreme Court · 1928
- McCanless v. DevenportCourt of Appeals of Texas · 1931
- Butler v. SummersTexas Supreme Court · 1952
- Greene v. Cass County State BankCourt of Appeals of Texas · 1928
- Loving v. ClarkCourt of Appeals of Texas · 1921
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