Postlethwaite v. Edson

The opinion of the court was delivered b,y

West, J.:

When this case was here before, it was stated in the brief of the plaintiff: ‘'‘Defendants do not claim any *105homestead rights.” (p. 10.) In the defendants’ brief were the following statements:

“The appellants claim that the instrument is a joint will by which Mary Edson took a life estate with a remainder to Frank P. Edson and Jessie L. McCabe, and if so the property is subject to be taken in this action.

“It is admitted that Frank P. Edson and Jessie L. McCabe . . . had never resided upon or occupied this property as a homestead for a long time…