Matthews v. Matthews

SIMPSON, Justice.

The decree, here challenged, ordered the sale of lands for the allotment to appellee of homestead exemptions, as the widow of her late husband, M. JB. Matthews, deceased.

The controverted issue was whether or not the decedent at the time of his death was a bona fide resident of Alabama, there by entitling the widow to the exemptions allowed under the statute.

The prerequisite to a widow’s right to homestead exemptions is the residence in this state of her husband at the time of his death and residence as here considered means domicile, the place where his habitation was fixed…