Estate of Gotthart v. Gotthart

The sole issue on this appeal is whether for purposes of his will, the testator “occupied” a “homestead” at the time of his death.

Appellants contend that because the testator had not lived in this house for approximately a year prior to *566his death and because it had been rented and all of his personal belongings removed, the testator did not “occupy” a “homestead” at the time of his death within the obvious meaning of the will. We do not agree for several reasons.

There can be no doubt that at the time of his death, the testator did have a “homestead” in the property. In the case of Herrick v.…