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NATHANSON v. KEY

5 Div. 902.

242 So.2d 389 (1970)

Allan NATHANSON, as Guardian ad Litem of any Unknown Heirs of Tom Key, Deceased, Who May be Minors or Insane and Whose Addresses are Unknown, et al., v. Mary KEY.

Supreme Court of Alabama.

As Amended January 6, 1971.

Attorney(s) appearing for the Case

Russell, Raymon & Russell, Tuskegee, for appellant.

No brief for appellee.

BLOODWORTH, Justice.

This appeal is from a probate court decree setting apart a homestead to appellee, Mary Key, the widow of John Key, deceased, pursuant to Title 7, § 694, Code of Alabama 1940.

Appellant, as guardian ad litem for any unknown heirs of John Key and six other named deceased persons, contends that the probate court decree is erroneous since it failed to find as a necessary jurisdictional fact that the homestead was all of the real property...

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