CATER v. COXWELL

83-953.

479 So.2d 1181 (1985)

Lula Dell CATER, individually and in her capacity as Executrix of the Estate of John Thomas Knight, Deceased, v. J. Milton COXWELL, Jr., in his capacity as Administrator of the Estate of Ruth C. Knight, Deceased.

Supreme Court of Alabama.

As Corrected on Denial of Rehearing November 1, 1985.


Attorney(s) appearing for the Case

Joe T. Thompson, Jr., and Edward T. Hines, of Garretts, Thompson & Hines, Brewton, for appellant.

John M. Coxwell, Monroeville, for appellee.


ALMON, Justice.

This case presents the question of whether the right to claim the homestead allowance and exempt property provided by the recently enacted Alabama probate code survives the death of the second spouse. In other words, if a surviving spouse dies without claiming a homestead allowance or exempt property out of the pre-deceased spouse's estate, may the surviving spouse's estate make these claims?

In 1982, the Alabama Legislature enacted a probate...

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