No. 55835.

648 P.2d 828 (1982)

In the Matter of the ESTATE OF Virgil R. WALLACE. Lois Boone WALLACE, Surviving Spouse, Appellant, v. Jimmy R. WALLACE, Executor of the Estate of Virgil R. Wallace, Deceased, Appellee.

Supreme Court of Oklahoma.

July 13, 1982.

Attorney(s) appearing for the Case

Lewis M. Watson, Ada, for appellant.

Don S. Bushong, Shawnee, for appellee.

SIMMS, Justice:

Lois Wallace, surviving wife of Virgil Wallace, brings this appeal from the trial court's denial of her petition to set apart his homestead property, real and personal, to her as her probate homestead.

The trial court's holding adverse to her was based on its finding that she had abandoned the homestead prior to Mr. Wallace's death. The trial court held the property was therefore subject to sale as...

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