In re Estate of Carriger
Opinion
Lead Opinion
Kate C. Carriger is the widow of William W. Carriger, deceased, and appeals from an order of the superior court, in probate, denying her petition for a homestead.
After the death of the husband, Solomon Carriger produced what purported to be the last will and testament of the deceased, in which he was named as executor, but the widow contested the probate thereof, and, pending these proceedings, said Solomon Carriger was appointed special administrator, and saffi contest not having been finally determined, he has ever since been, and still is, such special administrator; and, as such, by order of the court, made and returned an inventory of the estate. There was no community property, and the *619 only real estate consisted of an unoccupied and unimproved lot of the value of two hundred dollars, and a one-ninth interest, undivided, in a tract of land containing nine hundred and four and eighty-five one-hundredths acres, upon which there is a dwelling-house in which the husband and wife “ during their marriage had their residence and made and kept their home, . . . •. with the knowledge and consent of the cotenants of said William in said land”; and this undivided interest, her…