In re Estate of Schade

August and Julia Schade intermarried November 5, 1876. August 20, 1881, they purchased for $2,000 the lot in question, the deed naming both as grantees. Between that date and June 5, 1885, they erected upon the said lot of land a two-story house, into which they moved after its completion.

On June 5, 1885, while they were living in the house, Julia, the wife of August, filed a declaration of homestead .upon the house and lot, in which declaration she estimated the cash value of the premises to be $5,000.

On May 12, 1890, August died intestate, leaving him surviving Julia, his widow, and George A. Schade, now aged six years and upward, his only descendant.

On the second day of September, 1892, said widow applied for letters of administration upon the estate of her husband, but her petition was never acted upon. Subsequently she married Christian Lehrke.

On November 1, 1892, Julia died intestate, leaving her surviving her husband, Christian Lehrke, and George A. Schade, her only descendant.

No application was ever made on behalf of the widow of August Schade to have the homestead set apart to her and the said premises were never set apart to the widow of said August Schade as a…