Osburn v. Sims
Osburn v. Sims
Opinion of the Court
delivered the opinion of the court.
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 of the code applied and governed the rights of the widow in this case, and as she had a separate estate equal in value to what would have been her lawful portion of her husband’s real and personal estate, it was properly held that she had no interest in the homestead he had devised.
Affirmed.
Reference
- Full Case Name
- Linnie L. Osburn v. T. J. Sims
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- 1. Homestead. 1light of owner to devise. Widovfs survivorship. There is no provision in the Code of 1880 which precludes the owner from devising his homestead as any other land, and only in case of his dying intestate in respect thereto can his widow assert her rights of survivorship under £ 1277 of the code. 2. Same. Devised by husband. Widovfs rights. Separate estate and insurance money. A widow, whose separate estate owned by her at the time of her husband’s death, together with an amount collected upon a policy of insurance on her husband’s life taken out by him for her benefit, equals in value the interest which he would be entitled to in her husband’s estate if left without any property, has no right under the Code of 1880 to share in a homestead devised to another by her deceased husband.