Sims v. Kitchens

GARDNER, Justice.

W. C. Kitchens died intestate in Lawrence county, Ala., on March 15, 1931, leaving a widow and no children. His real estate consisted of 130 acres of land upon which he and his wife resided as a homestead, and his personalty was far less than $1,000.

In March, 1936, his widow, M. E. Kitchens, filed in the probate court her petition, containing all jurisdictional averments, to have the real estate set aside to her under sections 7948-7951, Code 1923, as the homestead of her deceased husband. Contestants, next of kin to decedent, interposed objections and exceptions to the…