Evans v. Evans

This is a bill in equity to judicially determine the homestead right of a Widow. The heirs at law are made defendants. The decedent died intestate, leaving a surviving widow and no minor children. At the time of his death he owned real estate not exceeding in area and value the homestead exempt to the widow.

There was administration on the estate of the decedent, and pending administration the widow filed her petition in the probate court to have the homestead set apart and her title judicially ascertained. Pending the report of commissioners and before a decree of confirmation, a final…