Matter of Estate of Hurlbutt

In this declaratory judgment action the court decreed that at the time of decedent’s death he held a one-half interest in certain real property in constructive trust for plaintiff, his widow, and that she is the owner of one-half in common with the defendant who was awarded the property through decedent’s will.

The facts are briefly summarized as follows. Decedent, Lewis Hurlbutt, died testate August 23, 1976, at age 67. His will left to the plaintiff, Esther Hurlbutt, his third wife, the family home and one contiguous acre valued at approximately $65,000, and the remainder, consisting…