In Re the Estate of Leupp

This is a proceeding under Eem. Comp. Stat., § 1473, as amended by ch. 185, Laws of 1927, p. 230 (Eem. 1927 Sup., § 1473), invoked by the petition of the surviving husband of Jessie Leupp, deceased, seeking the award to him of property of the value of $3,000 in lieu of a homestead. A judgment creditor objected and contested the application. The trial court, after a hearing, granted the prayer of the petition. The objecting creditor has appealed.

Two questions are presented here: First, whether, under the facts shown, the surviving husband was en titled to any award in lieu of a homestead; and,…