The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 47

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 47

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ... reserved from forced sale from administration, and therefore, the fact that the succession of the deceased was still open, cannot in any way atfect the case, and the ruling of the court cannot be sustained on this ground. Does the 26th section give us the rule of descent? The title of the law is, "An act prescribing the mode of proceeding in District Courts in matters of probate;" and to give the law the effect contended for by appellee, would make it obnoxious to the constitutional provision, that "every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title." Evidently, the statute contemplates only a remedy, and not a rule of right. If I am correct in my view of this statute, it is sustained by the soundest principles of policy and right. If the court below was correct, I venture to say that the statute is not based upon principles of law or morals, and of course not upon grounds of public policy. Should appellee be sustained by the determination of the suit, and marry again and then die, her second husband, being the surviving constituent of the family, would take the home; and should he also marry a second time and die, and his wife survive him, and so on, indefinitely, the homestead would be handeddown for all time to strangers, for whom the original proprietor could have felt no concern, in whom he had no interest, and for whom it was not in any Way his L duty to provide; and appellant, his sister, whether fortunate enough to be provided with a home or not, would be forever excluded from her rightful inheritance. Suppose the deceased had no wife, but had five living children, all of age or all minors, no matter who are the constituents of the family, they must...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123676417X
  • 9781236764171