Kearney v. Kearney

Holding

The court held that a probate court's decree setting apart a homestead for a surviving spouse, entered without notice to the decedent's other heirs, was not void for lack of jurisdiction, as such proceedings are in rem and therefore require only the notice prescribed by statute, which in this instance was none. The court further affirmed that a homestead of up to five thousand dollars in value could be set apart for a surviving spouse with no minor children, even though the general homestead statute for single persons limited the value to one thousand dollars.