Estate of Hardwick

The Court:

After the Probate Court had set apart a homestead for the use and benefit of the surviving wife and children of the testator said Court ceased to have any control over the property so set apart. By being so set apart the property constituting said homestead was excluded from the jurisdiction of said Court, and it was, therefore, improper for the Court to *293make any further order in relation to it, and the following clause in the decree of distribution should have been omitted, viz.:

“This decree does not affect any right, title, or interest of any of the heirs, devisees, or legatees of…