In re the Estate of Cook
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, in and for Ormsby County; Frank P. Langan, Judge. In the matter of the estate of Walter M. Cook, deceased. From a judgment and order denying the petition of Clara Louise Cook for a homestead out of decedent’s separate property, petitioner appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the First Judicial District of the State of Nevada, in and for Ormsby County; Frank P. Langan, Judge. In the matter of the estate of Walter M. Cook, deceased. From a judgment and order denying the petition of Clara Louise Cook for a homestead out of decedent’s separate property, petitioner appeals. The facts sufficiently appear in the opinion. The sole and only question involved in this appeal is: Has the district court, sitting as a probate court, the power and authority to set aside as a homestead for the surviving wife separate property of the deceased…
1Opinion of the Court
By the Court,
Sweeney, C. J.:
This is an appeal from the judgment and order of the lower court refusing to set aside a homestead to the widow from the separate property of the husband, dying intestate. It appears that Walter M. Cook died intestate, leaving surviving him his widow, Clara Louise Cook, the appellant herein, who, with sisters, nieces, and a nephew, are his sole and only heirs at law. Among other property, his estate consisted of a tract of land, upon which appellant and deceased, in his lifetime, lived,, and which they occupied as their home. It is conceded that this tract of land…
2Cases cited5 opinions
- Estate of WalleyNevada Supreme Court · 1876
- Kirman v. JohnsonNevada Supreme Court · 1908
- Smith ex rel. Smith v. ShrievesNevada Supreme Court · 1878
- Roberts v. GreerNevada Supreme Court · 1895
- Eyres v. BakerWashington Supreme Court · 1893
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