Overland v. Jackson

There is no dispute about the facts involved. The case presents squarely the question of whether or not the courts of probate in this state had authority September 24, 1925, to set aside a homestead as exempt to the surviving husband. The judgment of the lower court is to the effect that the order setting aside the homestead in the instant case was without jurisdiction. Section 1234, Or. L., not only authorizes the County Court to set aside the exempt property but makes it its duty so to do. The owner of this land in fee, Julia E. Jackson, died prior to the enactment of that statute. The…