In re Estate of Kimberly
California Supreme Court
Appeal from an order of the Superior Court refusing to set aside a homestead. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
Appeal from an order refusing to set aside a homestead for the widow and minor children of deceased out of property claimed to belong to the estate of the deceased, and inventoried as such.
In refusing to set aside a homestead for the widow and minor children of deceased, the court erred. The question of the validity of the adverse title claimed by the contestants to an undivided interest in the property sought to be set apart as a homestead is one not proper to be litigated in this proceeding. (In re Groome, 94 Cal. 69; Estate of Burton, 63 Cal. 36.) Whether the contestants acquired, by…
2Cases cited2 opinions
- In re Estate of GroomeCalifornia Supreme Court · 1892
- In re the Estate of BurtonCalifornia Supreme Court · 1883
3Cited by7 opinions
- In Re Estate of NiccollsCalifornia Supreme Court · 1912
- In re the Estate of AlfstadWashington Supreme Court · 1902
- Barkley v. Banque Belge Pour L'EtrangerCalifornia Court of Appeal · 1928
- In Re the Estate of SingletonNevada Supreme Court · 1901
- Dickey v. GibsonCalifornia Supreme Court · 1898
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