Gray v. Weatherford

BOULDIN, Justice.

The widow’s homestead right is unaffected by the will of the husband. It is a favored right created by law, not subject to the husband’s will. Notwithstanding the will undertakes to dispose of the entire estate, and to make such provision for the wife as may appear just and fair, still, under the long-established construction of our statutes, the widow, without any dissent from the will, is entitled to homestead as if no will was made. Richter v. Richter, 180 Ala. 218, 60 So. 880; Chamboredon v. Fayet, 176 Ala. 211, 57 So. 845; Edmonds v. Cogsdill, 182 Ala. 313, 62 So. 691;…