Hardin v. Osborne
Mississippi Supreme Court
Appeal from the probate court of DeSoto county. Hancock, J. Isaac Osborne died in 1866. His widow filed a petition in the probate court, asking for the whole of his exempt property. The court decreed it to her; and an appeal was taken to this court, and the decree below was affirmed. See Stephenson v. Osborne, 41 Miss., 119. The exempt property had, in the first instance, been sold, and the petition was for its proceeds. This was given to her.
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Appeal from the probate court of DeSoto county. Hancock, J. Isaac Osborne died in 1866. His widow filed a petition in the probate court, asking for the whole of his exempt property. The court decreed it to her; and an appeal was taken to this court, and the decree below was affirmed. See Stephenson v. Osborne, 41 Miss., 119. The exempt property had, in the first instance, been sold, and the petition was for its proceeds. This was given to her. After the affirmance of the decree, two of Osborne’s children, who were married and living apart from the widow, and a grandchild, also living apart…
1Opinion of the Court
Simrall, J.:
This ease comes to this court on a construction of the *536exemption laws, on the point of the interest of the widow and children in such property by the acts of 1865.
Under article 172 Code, p. 469, the widow was entitled to all the exempt personal property of her deceased husband; although she owned separate property, equal to what would be her portion of her husband’s real and personal estate. Coleman v. Brooke, 37 Miss., 71. In the latter case of Whitley v. Stephenson, 38 Miss. Rep., 115, it was said that this property vests, by operation of law, in the widow, divested of all…
2Cases cited1 opinion
- Coleman v. BrookeMississippi Supreme Court · 1859
3Cited by5 opinions
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- House v. HardenMississippi Supreme Court · 1876