Creary v. Estate of Creary

BOYER, Chief Judge.

An initial chronological recitation of the undisputed facts in this case will facilitate an understanding of the points of law raised by the parties. Dates are important.

James Creary died on December 31,1949. At the time of his death James Creary owned and lived on a homestead, the title to which was in his name only. The parties agree that the property was clearly homestead. James Creary was survived by a widow, Mary C. Creary, and three children, one of whom was William Clifford Creary.

On December 7, 1947, approximately two years prior to the death of James Creary, Mabel…