Moody v. Baker

This is an appeal from an order setting aside to the defendant a homestead right in an apartment house in the city of Portland.

Bertha I. Baker died testate on August 23, 1931, and left her husband surviving her as sole heir. Baker renounced the will and elected to exercise his right to claim a homestead exemption.

There are but two questions involved in this appeal:(1) Was the defendant, as a matter of law, entitled to have a homestead carved out of this character of property and set aside to him to the value of $3,000'?(2) Is it established by the preponderance of the evidence that this…