Clayton v. Morris

W. FRANK CRAWFORD, P.J., W.S.,

delivered the opinion of the court,

in which ALAN E. HIGHERS, J. and DAVID R. FARMER, J., joined.

OPINION

Widow, electing to take against husband’s will, filed a petition for year’s support, exempt property, elective share, and homestead. Because the estate had no personal property with which to satisfy claims against the estate and the widow’s benefits, widow filed a petition to sell the real property to provide such funds. The trial court declined to order a sale of the real property, contingent upon the executor paying the claims against the estate, exclusive of…