Legal Opinion

Walkerly v. Bacon

California Supreme Court

Decided December 2, 1889No. 12950PublishedCited by 15 opinions

Appeal from an order of the Superior Court of Alameda County, setting apart a homestead to the widow and child of a deceased person. The facts are stated in the opinion of the court.

1Opinion of the CourtWorks, J.

This is an appeal by the trustees and legatees under the will of the testator from an order setting apart to the widow and child of the deceased a homestead.

*580The whole of the property of the deceased was his separate property, and was of the value of five hundred thousand dollars over and above the indebtedness. The homestead occupied by the family at his death was of the value of eighteen thousand dollars, and was indivisible. The court below set apart this homestead to the widow and child for a limited time. It is contended that this was error, for the reason that the court could not set…

2Cases cited4 opinions

  1. Kearney v. KearneyCalifornia Supreme Court · 1887
  2. In re the Estate of NoahCalifornia Supreme Court · 1887
  3. Estate of BurnsCalifornia Supreme Court · 1880
  4. In re Estate of BurdickCalifornia Supreme Court · 1888

3Cited by15 opinions

  1. Rosenblum v. LevyCalifornia Supreme Court · 1904
  2. Estate of NelsonCalifornia Court of Appeal · 1964
  3. In re Estate of SchmidtCalifornia Supreme Court · 1892
  4. In Re Moore's EstateArizona Supreme Court · 1948
  5. Adams v. Bank of WoodlandCalifornia Supreme Court · 1900

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