Estate of Burns

The widow, Lizzie Burns (she being also administratrix), filed her petition January 19th, 1877, asking that a parcel of land, valued in the inventory and appraisement at 13,500, be set apart to her as a homestead, alleging that decedent, in his lifetime (he died Dec. 8th, 1876), had not selected and recorded any homestead.

*156 On the 26th of January, 1877, the Court entered a decree finding that notice of the hearing on the petition had been given; that the family of the deceased consisted only of the widow; that she had no separate estate of her own; and that the parcel of land in question did not exceed $4,000 in value; and set the same apart to the use of the widow, the same not to be subject to further administration. The parcel constituted all decedent’s real estate.

On the 14th of July, 1877, Ann Gordon, a sister of decedent, and one of the heirs to his estate, non-resident, filed a petition setting forth that the property set apart to the widow was his separate estate; that the lot had never been improved or used as a residence by deceased, who resided in another part of the city; that all the heirs of deceased, save the widow, were non-residents; and by reason thereof,…