Lœb v. McMahon

On November 10,1865, Ellen Rourke, the wife of Michael Rourke, became seized in fee of lot 26, in C. J. Hall’s subdivision of block 27, in Canal Trustees’ subdivision, etc., by conveyance thereof to her by one Daniel J. Avery. She resided thereon with her husband and children, occupying the same as a homestead, until her death, in November, 1868 ; and ever since, the husband and two of the minor children have continued to occupy the premises as a homestead.

Michael Rourke, after the death of his wife, Ellen, married one Bridget Mahoney, and they, afterward, on July 30, 1873, executed a trust…