Where a decedent leaves a widow to whom, with others, his exempt property, real and personal, descends, the same shall not be subject to partition or sale for partition during her widowhood as long as it is occupied or used by the widow, unless she consent. Likewise, where a decedent leaves a widower to whom, with others, her exempt property, real and personal, descends, the same shall not be subject to partition or sale for partition during the period of his being a widower as long as it is occupied or used by the widower, unless he consent.
Miss. Code Ann. § 91-1-23
Exempt property not to be partitioned in certain cases
Applied in 8 court decisions — leading case 523 So. 2d 1033 - Cheeks v. Herrington (1988)
Most recently applied in 127 So. 3d 193 - Noone v. Noone (December 2013)
Codes, 1892, § 1553; 1906, § 1659; Hemingway’s 1917, § 1391; 1930, § 1412; 1942, § 478; Laws, 1950, ch. 346.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.