Hoxsie v. Clark

BROWN (R.M.), J.

The appellant appeals from an adverse judgment rendered against her in an action brought against the respondent, Naomi Clark, as executrix of the will of Rena Pearl Wheeler, deceased, to recover $26,500.

Appellant’s father, George L. Wagner, died in 1907, and by a judicial decree, a 10-acre parcel of land which was the father’s separate property was set apart as a probate homestead to plaintiff and the decedent, her mother. The appellant and the decedent also inherited 30 acres apiece.

In 1926 the appellant married and moved away from the property but the decedent having…