Peter M. Elliott, Trustee in Bankruptcy of Kenneth P. Ostman and Douglas L. Ostman, Bankrupts v. Kenneth P. Ostman and Douglas L. Ostman

ELY, Circuit Judge.

Appellant, the Trustee of two bankrupt estates, questions the correctness of the District Court’s affirmance of an Order of the Referee in Bankruptcy. The Order allowed the claimed homestead exemptions of the bankrupts against the Trustee’s contention that the bankrupts’ homestead declarations were fatally deficient under California law.

Subdivision 4 of Section 1263 of the California Civil Code, read with Section 1267 of the same Code, provides that a declaration of homestead “must” contain an estimate of the “actual cash value” of the premises for which the exemption is…