Forbes v. Summers

The question here in controversy is whether a petition to set apart a homestead to the widow under section 694, Title 7, as it appears in the Code of 1940, is sufficient to have conferred jurisdiction on the probate court to do so.

In this case a bill was filed in equity by some of the children of the decedent against others for a sale of the homestead for division, making as parties respondent the successors in interest of it from the widow, and seeking to have the title claimed by the widow and her successors resulting from that proceeding held to be void for want of *273jurisdiction of the…