Wilhite v. Wilhite

Paul Ward, Justice.

This litigation was instituted to determine if a widow has any rights, upon death of her husband, in a homestead consisting of eighty acres, which he had deeded away (without her knowledge) ten days before they were married.

The basic facts, about which there is no dispute, are as here set out. Fred Wilhite and his first wife (who died prior to 1944) had five children who are the ap-pellees on appeal, and will be referred to as such. On April 24, 1944 Fred executed a warranty deed to ap-pellees conveying the land in question, and had the deed recorded. On May 4, 1944 Fred…