In Re Eustace's Estate

The question presented for decision is whether the execution of a trust deed and agreement by a wife just prior to her death, naming her husband therein as trustee, precludes the husband from thereafter having the property described in the trust deed set over to him in lieu of homestead exemption.

June 26, 1930, James T. Eustace and Della A. Wheeler were married in Thurston county, where they continued to live as husband and wife until her death July 16, 1937. At the time of her death, there were no children living as the issue of the surviving spouse and deceased. Mrs. Eustace was survived by…