Sams v. Sams

GARDNER, Chief Justice.

Appellant is executor of the estate of his father, Samuel Sams, who died in February, 1940, leaving an estate consisting of a one-half undivided interest in a house and lot on Avenue F in Ensley, which constituted the homestead, and personal property of some few thousand dollars. Decedent married appellee, Martha Sams, in December, 1936, his first wife having died in 1934, and the children, including this executor, interested in the estate are those of this first marriage.

The administration was removed from the probate into the equity court. Exceptions were filed to the…