91-1-19 - Descent of exempt property.
§ 91-1-19. Descent of exempt property.
The property, real and personal, exempted by law from sale under execution or attachment shall, on the death of the husband or wife owning it, descend to the survivor of them and the children and grandchildren of the decedent, as tenants in common, grandchildren inheriting their deceased parent's share; and if there be no children or grandchildren of the decedent, to the surviving wife or husband; and if there be no such survivor, to the children and grandchildren of the deceased owner. Where the surviving husband or wife shall own a place of residence equal in value to the homestead of the decedent, and the deceased husband or wife have no surviving children or grandchildren of the last marriage but have children or grandchildren of a former marriage, the homestead of such decedent shall not descend to the surviving husband or wife, but shall descend to the surviving children and grandchildren of the decedent by such former marriage, as other property.
Sources: Codes, Hutchinson's 1848, ch. 49, art. 17 (2); 1857, ch. 60, art. 172; 1871, § 1956; 1880, § 1277; 1892, § 1551; 1906, § 1657; Hemingway's 1917, § 1389; 1930, § 1410; 1942, § 476; Laws, 1900, ch. 89.