Leet v. Barr

The statutory provision for setting apart to the husband the exempt property of the estate of his deceased wife was incorporated into Section 1234, Or. L., by Chapter 37 of Laws of 1919. The contention made and rejected by this court in the cases of Wycoff v. Snapp, 72 Or. 234 (143 Pac. 902), and In re Frizzell’s Estate, 95 Or. 681 (188 Pac. 707), Section 1234, Or. L., applies to personal property of the estate only, and does not include the real property embraced in the family homestead, is renewed in this case. While those cases are decisive of the point, we have again carefully examined *36the…