In Re Wright's Estate

' WARREN, J.

In an earlier appeal, Howe et al. v. Larson et al., 68 S. D. 203, 299 N. W. 876, we decided certain jurisdictional matters. In that opinion we did not reach the assignments that dealt with the merits upon the facts now sought to be decided. The facts that now confront us seem to be without dispute, and may be narrated as follows:

George W. Wright died intestate in August, 1921. He left real property in Minnehaha County, South Dakota, consisting of Lots 18 to 22 in Block 14 of Valley Springs. This property at the time of his death was occupied as his family homestead. After Mr.…