ROBINSON, J.
This is an appeal from a probate order of the type provided for in Rem. Supp. 1949, § 1473, for the setting aside of property to a surviving spouse in lieu of homestead.
It appears in the record that Minnie Caine died on October 26, 1949, leaving surviving her husband, James L. Caine, her mother, Margaret S. Thornton, her stepfather, Ralph D. Thornton, her sister, Lovell Floyd, and stepsister, Della Peterson. On October 31, 1949, her surviving...
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