Ransom v. Ransom

This appeal is a constitutional attack, on equal protection and due process (gender-based) grounds, of the "old" Homestead Act (Title 7, § 663, Code 1940, the forerunner of § 6-10-62, Code 1975, which latter statute substituted "spouse" for "widow").

James Ransom, a resident of Russell County, Alabama, died intestate on October 7, 1972. He left surviving him a widow, Jessie Lee Ransom, the appellee. Mr. Ransom had no children and his parents predeceased him. His next of kin at the date of his death, the appellants, were his brothers and sisters.

At the date of his death, Mr. Ransom owned an…