In Re Clymer's Estate

Under section 3-201, Oregon Code 1930, upon the death of Martha A. Clymer, a homestead exemption in 40.81 acres of land in Marion county to the amount in value of $3,000 vested in George W. Clymer, the surviving husband. After her death, he entered into a written contract with the children of the marriage to forego his homestead exemption and to accept in lieu thereof a life estate in the property.

In Re Clymer’s Estate, 150 Or. 351 (44 P. (2d) 1082), it was held that, unless the property exceeded in value the sum of $3,000 at the time of her death, the contract was without consideration and…