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62 Miss. 429

Osburn v. Sims

Mississippi Supreme Court

Decided October 15, 1884

Mississippi Supreme Court · decided 1884-10-15

Hon. E. G. Peyton, Chancellor. In October, 1883, B,. D. Osburn, who was childless, but having a wife living, died, leaving a last will and testament by which he devised to his infant nieces, Kate and Daisy Osburn, the house and lot occupied and used by him as a homestead at the time of his death. The testator owned no other property except his household furniture, which was not disposed of by his will.

Relies on Turner v. Turner · Nash v. Young · Norris v. Callahan

Good law ✅— No negative treatment on recordhow we know

Decided 1884-10-15

How this case has been cited

Cited by 4 later decisions — most recently April 1993

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The 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.

¶3Section 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.

¶4Affirmed.

Judge Cooper takes no part in this decision.
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