In Re Welch's Estate

BOULDIN, Justice.

Honorable W. S. Welch, of Bessemer, died intestate July 15, 1940. He left surviving his wife, Maud Buck Welch. His next of kin, and heirs at law, are collateral relatives.

A question arose between the widow and next of kin as to who should take certain property left by the decedent. The inquiry turns on whether the property is realty or personalty. If realty, it descended to the next of kin, subject to the widow’s dower; if personalty, the widow took the whole under our statutes.

To determine this issue, Mrs. Welch, individually and as administratrix of the estate of decedent,…