In Re the Estate of Eagle

Hattie M. Eagle died testate July 30, 1939. In paragraph I of her will, she bequeathed to “Rev. Ezra P. Giboney one hundred dollars.” In paragraph II, she bequeathed to “Katie Brown two thousand dollars.” By paragraph III, her surviving husband, Clark Eagle, was made the residuary legatee and devi-see.

After the will had been duly admitted to probate and the inventory and appraisement had been filed, the surviving husband petitioned the court for an award of property out of the estate in lieu of homestead, as provided for in Rem. Rev. Stat., §§ 1473 and 1474 [P. C. §§ 9893, 9894]. All the…