Estate of Grussing

Thomas Grussing died testate. His will was duly admitted to probate, and Henry Grussing, the executor therein named, was thereafter appointed and qualified as such executor. He was an heir at law of said decedent and at- all times since his appointment was and now is the duly appointed, qualified and acting executor of the will of decedent. After his qualification and on May 14, 1935, decedent’s widow filed her petition for an order to set apart a probate homestead, Leonard Evans, the attorney for the executor and said estate being duly served with a copy thereof on the same date. Hearing on said petition was set for May 31, 1935, and notice of the hearing thereof was given in the manner required by the Probate Code. On May 31st said petition was heard and Mr. Evans, the attorney representing said estate, was present in court.

The matter was regularly continued and on June 15, 1935, the court set apart to the widow the homestead in question for the period of her natural life. The order setting apart the property as a homestead is appealable (Probate Code, sec. 1240), and no appeal having been taken, it became final 60 days after June 15, 1935. On September 13, 1935, appel lants…