Smith v. Smith
California Supreme Court
Appeal from an order of the Superior Court of Santa Clara County setting apart a probate homestead. The facts are stated in the opinion of the court,;
1Opinion of the CourtMcFarland, J.
This is an appeal by certain heirs-at-law of E» O. Smith, deceased, from a probate order setting aside certain premises as a homestead to the respondent, who is the widow of the deceased.
The facts necessary to be stated are these s The said premises consist of an ordinary city lot in the city of San Jose. It has a dwelling-house on it which covers nearly the entire lot | and in this house the deceased and the respondent resided for several years next before the death of the former. The said premises were community property, and there was never any declaration of homestead upon the same made…
2Cases cited2 opinions
- Walkerly v. BaconCalifornia Supreme Court · 1889
- In re Estate of SchmidtCalifornia Supreme Court · 1892
3Cited by9 opinions
- Rosenblum v. LevyCalifornia Supreme Court · 1904
- Estate of NelsonCalifornia Court of Appeal · 1964
- Adams v. Bank of WoodlandCalifornia Supreme Court · 1900
- In re Estate of CarrigerCalifornia Supreme Court · 1895
- Trepp's Estate Barclay v. TreppMontana Supreme Court · 1924
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