Terry v. Terry (39 Tex. 310, 1873)

Walker, J.

The appellant filed her petition in the District Court representing herself as the surviving 'widow of Constant Terry.

She avers that she and her minor daughter are constituents of the family of said Constant; that her husband -died leaving no homestead, nor did he leave the specific personal property exempt by law from forced sale, and she prays for an order to sell so much of the personal property of her husband’s estate as would equal in value ;a homestead, the personal property exempt, and a provision for one year.

The averments of the petition were not contested.

The court found them true, but denied her the right to the value of the homestead, and allowed her $600 in lieu ■of the property not possessed by the deceased at the time ■of his death, and authorized her to sell property to the ¡amount of $600.

From this decree of the court the ease is brought, here •on appeal.

, By reference to Articles 5486, 5487, 6994 and 6834, Pas-chal’s Digest, we arrive at what we believe to be the law ■of this case. Article 5487 reads thus: “The property "reserved from forced sale by the Constitution and laws of "this State, or its value if there be no such property, does not form any part of the estate of a deceased person where a constituent of the family survives.”

Articles 6834 and 6994 are both acts of the Legislature ■passed on .the 45th day of August, 1870, and took effect from and. after :their passage, if indeed they are to be regarded as different acts.

But we think lit safe to regard them as part and parcel