Simank v. Alford

There are two questions in this case. One, whether the property in suit was ever the homestead of Mildred Simank and her husband, Elmo Simank, and, two, if so, had it been abandoned by Mildred Simank after the death of her husband. I do not reach the latter question.

The subject property was the separate property of Elmo Simank who married Mildred Hicks on December 24, 1959. Elmo Simank died intestate June 4, 1963.

When Elmo Simank married he was living with his sister, Mrs. Adella Mueller in Manor, Travis County.

All of the testimony offered to show that this property was the homestead of Mr.…