Browning v. Carpenter

This is an appeal from a judgment of the trial court directing the executrix of the estate of Ben Ruben Pope, Sr., to prepare a deed conveying fee simple title to certain real property to Pope's widow, Catherine Pope Carpenter. The deed was to be given in satisfaction of Carpenter's claim for a homestead allowance under § 43-8-110, Ala. Code 1975, and her claim for a family allowance pursuant to § 43-8-112. Opposing the conveyance were Pope's three children from a prior marriage: Julie Ann Browning, Ben Ruben Pope, Jr., and Tom Henry Pope.

When Pope died in February 1986, he owned a one-half…