Race v. Moseley

GRIMES, Judge.

This is an appeal from a summary judgment quieting the title to certain real property in the defendant.

At the time of his death in 1945, Austin T. Race was the owner of a fifteen acre tract known as “Race Acres.” He left surviving him a widow and four children. All of the parties agree that at the time of Mr. Race’s death, Race Acres was homestead property.

Shortly following Mr. Race’s death, his widow, Anna B. Race, executed a deed purporting to convey Race Acres to their son, Charles, but reserving a life estate in herself. The next year, Charles, joined by his wife, executed a…