Mitchell v. Mitchell

*442The opinion of the court was delivered by

Burch, J.:

William Charles Mitchell died intestate, in March-, 1898. At that time he was the owner of a tract of land in Osborne county, which was occupied by himself and his wife, Anna Mitchell, as a homestead. He was survived by an adult son, H. R. Mitchell, who, together with his wife, also occupied the homestead as a residence. Another adult son, Clay Mitchell, died before his father, leaving a widow, Fannie Mitchell, and four children, named, respectively, Charles, William, Mabel, and Ira, all of whom resided in another state. After the death of…