206 N.W. 929 | Minn. | 1926
Deceased was a member of Congress from 1907 to 1917 and he was much engaged in political work through the Middlewest up to the time of his death and was away from home much of the time. Mrs. Lindberg, in the meantime, looked after the home. When the son went away to school, she was alone much of the time. The finances ran low and she went out and taught school, but retained the home, leaving the household *493 goods and furniture in place. She testified, as did the son, that Mr. Lindberg kept and used a room in the house for his political work and that they occupied the place as their home always. She testified that she and Mr. Lindberg lived together as husband and wife all the time; that she lived in the house a number of days in December, 1923, and that her husband was there with her. In this she was corroborated by the son.
The theory of appellant was that the homestead had been abandoned. We find no evidence in the record to support this theory. It nowhere appears that there was an intention on the part of any member of the family to abandon the home. Upon the contrary, it was kept in readiness for occupancy by the family.
Affirmed.