Cole v. Coons

The opinion of the court was delivered by

Bxjrch, J.:

This case concerns a homestead interest asserted by a surviving husband of a wife who died intestate without minor children. The district court held that the involved property was subject to partition upon demand of the wife’s adult children and that her surviving second husband did not have any homestead interest in the property which had been occupied by the husband and wife as their homestead prior to the death of the wife. The factual background follows:

P. A. Cole and Bessie D. Cole jointly owned a quarter section of land. P. A. Cole…