BROWN v. SIEBER

Civ. 2039.

379 So.2d 620 (1980)

Rebecca Joan Sieber BROWN, Individually and as Executrix of the Estate of William Henry Sieber, Deceased, v. Nell Jo SIEBER.

Court of Civil Appeals of Alabama.

January 9, 1980.


Attorney(s) appearing for the Case

James F. Hinton, Gadsden, for appellant.

Michael L. Roberts for Floyd, Keener & Cusimano, Gadsden, for appellee.


WRIGHT, Presiding Judge.

This is an action by a widow to enforce the payment by a devisee of the sum of $6,000 in lieu of the right of homestead in the devised land.

This is a case of first impression in this state so far as we are able to determine. The facts are as follows: Plaintiff's husband died testate. The only real estate owned at the time of death was his homestead consisting of a house and lot in Gadsden, Alabama. Defendant and others were devisees...

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