Hocking v. Guello

This is an action brought by a legatee against the grantees in a deed to set aside a conveyance from the decedent. The trial court held that because the property was the grantor’s homestead and her husband was incompetent to join in the conveyance, it was void. We affirm.

At the time the deed was executed on May 3, 1968, the real estate in question, located in Itasca County, was owned jointly by C. W. French and his wife, Mamie French, as their homestead. A deed to the property was prepared by defendant Samuel J. Guello naming himself and his wife as grantees and reciting a consideration of…