Elmore v. Elmore

HOBSON, Justice.

M. E. Elmore, during his lifetime, acquired 10 acres of land. Upon one half acre of this land he established and maintained his homestead until he died intestate in 1939, leaving his wife, Lydia Sasser Elmore, and his son, Joseph L. Elmore (plaintiff-appellant herein) as his sole surviving heirs at law.

Lydia Sasser Elmore died testate September 28, 1954, survived by her son, Joseph L. Elmore, who brought this suit for declaratory decree, seeking a construction of the will. The homestead of one half acre was set apart by stipulation of the parties, and it is undisputed that it…