In Re Brickey's Estate

This appeal is from findings, conclusions and a judgment denying appellant herein an award in lieu of homestead to him as surviving spouse of Nancy J. Brickey, deceased.

Nancy J. Brickey died testate, December 13, 1928. In her will, which was thereafter admitted to probate, she nominated her husband executor thereof. He declined to act as executor, owing to illness, and petitioned that the court appoint an administrator with the will annexed, asking that his brother L. D. Brickey be appointed. The petition was granted and L. D. Brickey appointed.

One of the paragraphs of the will of decedent…