Ross v. Martin

<p>1. —Community Property—Descent and Distribution.</p> <p>On the death • of the husband, no child surviving, community property of himself and wife descended to the surviving wife though there were grandchildren living. The latter were not children within the meaning of article 1653, Revised Statutes, governing such descent. (Pp. 560, -562.)</p> <p>2. —Same—Homestead.</p> <p>Community property of the husband and wife which had passed to the latter on the death of the husband, leaving no child surviving, and had been occupied by her and her minor grandchildren as a homestead, became subject to administration and sale to satisfy debts against her estate upon her death. Such minor grandchildren were constituents of the family for whom the homestead exemption was preserved during her life; but they were not "minor children ’ within the meaning of article 2046. Revised Statutes, and article^ 16, section 52, of the.Constitution; the homestead could not be set aside for their use on death of their grandmother. (Pp. 562, 563.)</p> <p>ON MOTION FOR REHEARING.</p> <p>3.—Same—Administrator's Sale—Innocent Purchaser.</p> <p>Property purchased, paid for and occupied by the husband and wife, the conveyance reciting a cash consideration being made to the wife after the husband’s death, was community estate and became the property of the wife if no child survived at the husband’s death; but if there was a then surviving son, one-half descended to him; and in that event, a purchaser at probate sale by the administrator of the estate of the wife on her decease would acquire only her half interest, unless protected as an innocent purchaser against the title of the son or his heirs. (P. 563.)</p>