Small v. Small

The opinion of the court was delivered by

Burch, J.:

The action was one to set aside three deeds of real estate. A demurrer was sustained to the plaintiff’s evidence and she appeals.

On March 9, 1904, Bowen Small, the owner, executed and acknowledged a deed of the property, which .is a farm of 160 acres; to his children and grandchildren. On September 25, 1910, he married the plaintiff." On December 2, 1910, he died intestate. At the time of his death he lived with his wife in a home which he owned in the city of Severance. After his death his estate was probated. His widow remarried, but was…