Nathanson v. Key

BLOODWORTH, Justice.

This appeal is from a probate court decree setting apart a homestead to appellee, Mary Key, the widow of John Key, deceased, pursuant to Title 7, § 694, Code of Alabama 1940.

Appellant, as guardian ad litem for any unknown heirs of John Key and six other named deceased persons, contends that the probate court decree is erroneous since it failed to find as a necessary jurisdictional fact that the homestead was all of the real property owned in the State of Alabama by John Key at the time of his death. We agree that such finding is jurisdictional, and we hold that the decree…