Simmons v. Ewing

DONALDSON, Justice.

This appeal places in issue the propriety of exempt property and homestead allowances being awarded by the district court to the surviving spouse, with funds for the allowances being taken from deceased’s separate property. For the reasons stated in this opinion, the orders of the district court are affirmed.

Irene H. Ewing, the decedent, died February 23, 1973, at which time she was domiciled in Nez Perce County, Idaho. She had executed a will dated January 24, 1973, in which she bequeathed her community property to her husband, Thomas G. Ew ing, the respondent, and her…