Mitchell v. Mitchell

LAWSON, Justice.

This appeal involves a construction of § 697, Title 7, Code 1940, 1951 Cum.Pocket Part, Vol. 7, p. 101, as last amended by an act approved September 12, 1951, Act 911, S.B. 108, Acts 1951, p. 1558.

J. D. Mitchell died on December 21, 1951. His survivors were his widow, Etta Mitchell, and nine adult children. There were no minor children.

At the time of his death J. D. Mitchell and Etta Mitchell each owned an undivided one-half interest in ,a house and lot situate in Russellville, Franklin County, which they occupied as their homestead. J. D. Mitchell owned no other interest in…