In re Estate of Moore

Myrick, J.:

This is an appeal from an order denying the application of the widow of deceased that a homestead be set aside to her out of the separate property of her late husband. The deceased died October 30th, 1871, leaving the petitioner his widow, and four minor children by a former marriage, to wit: Fred W., Alice, Charles, and Stella. A son, William II., was born after the death of the intestate. On the 4th of March, 1872, letters of administration were issued to Thomas W. Moore, a brother of deceased, and the estate is still in process of administration. Since the death of intestate,…