Coker v. Coker
Supreme Court of Alabama
Appeal from St. Clair Probate Court. Heard before 1-Ion. W. S. Forman. Margaret Coker applied to the probate court to have lands allotted to her as exempt in lieu of homesteads out of the lands left by her deceased husband. Commissioners were appointed who allotted the land and made report thereof. From a decree confirming the report G. W. Coker and others, heirs of the estate appeals.
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Appeal from St. Clair Probate Court. Heard before 1-Ion. W. S. Forman. Margaret Coker applied to the probate court to have lands allotted to her as exempt in lieu of homesteads out of the lands left by her deceased husband. Commissioners were appointed who allotted the land and made report thereof. From a decree confirming the report G. W. Coker and others, heirs of the estate appeals. The wife by deserting both her husband and his home forfeits her right to his homestead at his death. — 9 A. & E. Ency of Law; 500; 21 Oyc. 565; 8 Tex. 312; 9 Tex. 630; 45 Tex. 557; 64 Tex. 705; Norton v.…
1Opinion of the CourtDenson, J.
This is an appeal from a decree of the probate court of St. Clair county, confirming the report *270of commissioners, allotting 40 acres of land, to the widow of a deceased owner as exempt to her under section 4197 of the Code of 1907. Assuming that the record properly presents the question for review, the sole question for determination is whether a widow, who had lived apart from the husband for two years or more prior to his death, but between whom and the husband there had been no dissolution of the martial relations, is entitled to a homestead exemption.
We regard the question as being ruled…
2Cases cited1 opinion
- Nolen v. DossSupreme Court of Alabama · 1901
3Cited by7 opinions
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- Hammond v. ShippSupreme Court of Alabama · 1974
- Johns v. CannonSupreme Court of Alabama · 1917
- Curry v. BarnesSupreme Court of Alabama · 1917
- Crosby v. CorleySupreme Court of Alabama · 1988
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