Parker v. Money

LAWSON, Justice.

In the case of Mitchell v. Mitchell, Ala. Sup., 64 So.2d 104, we held erroneous a decree of the probate court of Franklin County setting apart a homestead absolutely in fee simple under the provisions of § 697, Title 7, Code 1940, as amended by an act approved. September 12, 1951, Act 911, S.B. 108, Acts 1951, p. 1558; 1951 Cum.Pocket Part, Vol. 7, p. 101, where there was no finding that all the property, real and personal, left by the decedent in this state did not exceed the total value allowed by law as exempt.

We also held in the Mitchell case, supra, that where all the…