Simpson v. Simpson

ALLEN, Chief Judge.

Wanda Louise Simpson, appellant herein, after electing to take dower in her deceased husband’s estate, petitioned the lower court for an order requiring the executor to pay from the estate funds a mortgagee’s claim which was filed but later withdrawn. The mortgagee, decedent’s mother, elected to rely exclusively on the security of a mortgage on property which was the decedent’s homestead at the time of his death. The executor filed an answer denying any obligation on the part of the estate. After hearing the cause and considering the documents on file, the lower court…