Powell v. Powell

This is an appeal by a surviving wife from a judgment of the district court affirming an order of the county court rendered in the matter of a decedent’s estate denying her application to set aside as her statutory or probate homestead both of two separate tracts of farm land.

The petitioner will be referred to herein as plaintiff, while the protestants, other heirs of decedent, will be referred to as defendants.

The tracts in question lay approximately two miles apart. One contained 37 acres, the other, 80. At the time of intestate’s death and for 20 years prior thereto, he and the plaintiff…