MATHEWS, Justice.
On the 5th day of May, 1926, the appellant, Frank E. Thompson, Sr., executed a deed to his wife purporting to convey a piece of property on which was located a homestead. On January 21, 1951, Maude W. Thompson, wife of the appellant, died and left a purported will leaving a portion of the property involved in this suit to her son, Thomas Albert Thompson. The Probate Judge refused to probate the will until some determination in some judicial proceeding...
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