In Re Moore's Estate

UDALL, Justice.

This is an appeal by Yndia S. Moore, the surviving widow of James P. Moore, deceased, from an order of the Superior Court sitting in probate, denying her petition to have set aside a “probate homestead” provided for under section 38-902, A.C.A.Í939. The matter is presented upon an agreed statement of facts, section 21-1830, which may be summarized as follows :

James P. Moore died intestate March 30, 1946, leaving him surviving his widow Yndia S. Moore, appellant here, Diane R. Moore, a minor daughter of 14 years, and James C. Moore, an adult son, appellee here. Yndia S. Moore…