In re the Estate of Martin

The sole question on this appeal is whether the trial court abused its discretion in denying a surviving spouse's petition for an award in lieu of homestead. We find no abuse of discretion and accordingly affirm.

Virginia Martin, a Quinault Indian, died testate in July 1977. She was survived by her husband (the appellant herein), seven children from prior marriages, and a grandchild. In a will, dated December 1, 1972, she bequeathed $1,000 to her husband and specifically disinherited four of *552her children. The other three surviving children and the grandchild were each given over $30,000 worth…