If a husband die intestate and do not leave children or descendants of children, his widow shall be entitled to his entire estate, real and personal, in fee simple, after payment of his debts; but where the deceased husband shall leave a child or children by that or a former marriage, or descendants of such child or children, his widow shall have a child’s part of his estate, in either case in fee simple. If a married woman die owning any real or personal estate not disposed of, it shall descend to her husband and her children or their descendants if she have any surviving her, either by a former husband or by the surviving husband, in equal parts, according to the rules of descent. If she have children and there also be descendants of other children who have died before the mother, the descendants shall inherit the share to which the parent would have been entitled if living, as coheirs with the surviving children. If she have no children or descendants of them, then the husband shall inherit all of her property.
Miss. Code Ann. § 91-1-7
Descent of property as between husband and wife
Applied in 4 court decisions — leading case 840 So. 2d 703 - In Re Estate of Miller (2003)
Most recently applied in 840 So. 2d 703 - In Re Estate of Miller (March 2003)
Codes, Hutchinson’s 1848, ch. 44, art. 3, 4; 1857, ch. 17, art. 1; 1871, § 1788; 1880, § 1771; 1892, § 1545; 1906, § 1651; Hemingway’s 1917, § 1383; 1930, § 1404; 1942, § 470.
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.