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SIMMONS v. EWING

No. 11627.

529 P.2d 776 (1974)

96 Idaho 380

Betty SIMMONS, Personal representative of the Estate of Irene H. Ewing, Deceased, Plaintiff-Appellant, v. Thomas G. EWING, Surviving Spouse, Defendant-Respondent.

Supreme Court of Idaho.

December 20, 1974.

Attorney(s) appearing for the Case

Joseph C. Adams, Jr., Lewiston, for plaintiff-appellant.

Leslie T. McCarthy, Lewiston, for defendant-respondent.

DONALDSON, Justice.

This appeal places in issue the propriety of exempt property and homestead allowances being awarded by the district court to the surviving spouse, with funds for the allowances being taken from deceased's separate property. For the reasons stated in this opinion, the orders of the district court are affirmed.

Irene H. Ewing, the decedent, died February 23, 1973, at which time she was domiciled in Nez Perce County, Idaho. She had executed...

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