Fretwell v. Fretwell

MERRILL, Justice.

This appeal is from a decree of the probate court denying a widow’s petition that a one-half interest in certain lands owned by her husband at his death be set aside to her as a homestead under the provisions of Tit. 7, § 661, Code 1940, as amended.

The sole reason for the denial of the petition was that there was other property the deceased husband owned with his wife, by joint deed with right of survivorship, at the time of his death.

*425The petition showed the jurisdictional facts, appraisers were appointed and they set the property aside to the widow. The probate court entered…