Carter v. Carter

SIMPSON, Justice.

This is a proceeding in equity by the heirs of S. D. C. Carter, intestate, to vacate and annul certain proceedings in the probate court which purported to allot and set apart to Mrs. Jane Carter, his widow, the homestead as exempt to her in fee simple and to declare the rights' of the heirs (the plaintiffs) and the other parties to the litigation and to sell the land for division.

No question of laches in invoking the aid of equity is involved. The intestate' died in 1935. The proceedings were undertaken by the widow in 1945 and this cause instituted soon thereafter.

There is…