Edwin C. Page, Jr., Evergreen, and Wm. Hamilton, Greenville, for appellants. The value of the personal property owned by decedent at the time of his death not being alleged in the petition filed by the widow to set apart homestead to her, the entire proceeding is void. Code 1923, §§ 7948, 7951, Code 1940, Tit. 7, §§ 694, 697; Chamblee v. Cole, 128 Ala. 649, 30 So. 630; Singo v. McGehee, 160 Ala. 245, 49 So. 290; Miller v. First Nat. Bank of Birmingham, 194 Ala. 477, 69 So. 916; Alford v. Claborne, 229 Ala. 401, 157 So. 226; Mitchell v. Mitchell, 258 Ala. 572, 64 So.2d 104; Parker v. Money, 258 Ala. 568, 64 So.2d 108; Boozer v. Boozer, 245 Ala. 264, 16 So.2d 863; Walton v. Walton, 256 Ala. 236, 54 So.2d 498; Forbes v. Summers, 259 Ala. 271, 66 So.2d 762; Craig v. Root, 247 Ala. 479, 25 So.2d 147; Bank of Columbia v. McElroy, 231 Ala. 454, 165 So. 105; Hall v. Hall, 171 Ala. 618, 55 So. 146; Tartt v. Negus, 127 Ala. 307, 28 So. 713; Crawford v. Crawford, 248 Ala. 447, 28 So.2d 196; Ratliff v. Ratliff, 234 Ala. 320, 175 So. 259; Faircloth v. Carroll, 137 Ala. 243, 34 So.2d 182; Dickinson v. Champion, 167 Ala. 613, 52 So. 445; Hodges v. Hodges, 172 Ala. 11, 54 So. 618. Testimony was erroneously received showing the cost of lands not of the same general nature as the homestead lands and not similar in area, location or terrain. State v. Donaldson, 209 Ala. 400, 96 So. 617; Tenn. C. I. R. Co. v. State, 141 Ala. 103, 37 So. 433; State v. Brintle, 207 Ala. 500, 93 So. 429; Bynum Bros. v. State, 216 Ala. 102, 112 So. 348; Lindsey v. Lindsey, 229 Ala. 578, 158 So. 522; Stovall v. City of Jasper, 215 Ala.
(See Mitchell v. Mitchell, 258 Ala. 572, 64 So.2d 104, construing § 697, Tit. 7, as amended by Act No. 911, appvd. Sept. 12, 1951, Acts 1951, p. 1558; Parker v. Money, 258 Ala. 568, 569, 64 So.2d 108, holding that § 697, as amended in 1951 by Act No. 911, operated to vest the title upon ascertainment of existence of facts calling for absolute vesting; Young v. Seale, 266 Ala. 398, 400-402, 96 So.2d 746, for discussion of legislative purpose of the homestead exemption statute, as amended, including § 697, as amended in 1953 by Act No. 837, supra.)
Under the amended statute the widow is entitled to a homestead for life not exceeding 160 acres in area nor $6000 in value, but if the value exceeds $6000 the heirs of decedent are entitled to the land in excess of $6000 subject to the widow's dower. Code 1940, Tit. 7, § 661 as amended; Tit. 16, § 1(5); Mitchell v. Mitchell, 258 Ala. 572, 64 So.2d 104; Roberts v. Roberts, 263 Ala. 517, 83 So.2d 348; Parker v. Money, 258 Ala. 568, 64 So.2d 108. MERRILL, Justice.