Estate of Teel

In the proceedings for the administration of the estate of decedent, her divorced husband petitioned to have set apart to him a house and lot selected as a homestead by decedent out of community property. The probate court found that the homestead was valid and subsisting at decedent’s death and that title thereto vested in petitioner as the surviving spouse. The administratrix appeals from the order granting the petition.

Petitioner and decedent were married in 1933 and thereafter occupied the property until after January 11, 1945. In 1944, petitioner commenced an action for divorce and…