Eyres v. Baker

The opinion of the court was delivered by

Hoyt, J.

This was a proceeding in the superior court by which the respondent sought to have set aside for her use certain real estate which had belonged to her deceased husband, and which was, at the time of his death, occupied by him. It is conceded that the real estate sought to be so set aside was the separate property of said husband, and that the same had never been by him in any manner selected as a homestead. It is also conceded, or made plainly to appear by the record, that the husband had, in his lifetime, duly devised such property to the…