Fawcett v. Fawcett

The opinion of the court was delivered by

Smith, J.

This was an application by a widow asking that the property occupied by her and her husband as a residence- at the time of his death be set aside to her as a homestead.' She also asked for certain statutory' allowances.- This application was denied in the first instance by the probate court. On appeal’to the district court the application was allowed. The executor has appealed.

Both parties had been married before. She had one son by a former marriage. He had three sons and a daughter. The husband and wife had been living together in the…