In Re Estate of Boston

Plaintiff, the executor under a nonintervention will of his deceased spouse, Sadie Boston, appeals from an order denying his petition for award in lieu of homestead and sustaining certain objections to his final accounting.

Sadie and Henry Boston, both in their later years, were married in 1961. They had each been married before, and had each accumulated substantial separate property. Little by way of community property was acquired after their marriage. Sadie died in 1969 after a prolonged illness. She left a nonintervention will which named Henry as executor and provided that community…