Estate of Green
Superior Court of California, County of San Francisco
This was an application by the widow to have a homestead selected and set apart by the court. The executor, R H. Lloyd, filed two answers to the petition; the first answer was the same as the second one, except that it left out an important special defense attempted to be made by the executor, viz.: (1) that it was the intent and expressed wish of the testator that the legacy made by his wife should be in lieu of all rights she might claim against his estate; (2) that it was…
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This was an application by the widow to have a homestead selected and set apart by the court. The executor, R H. Lloyd, filed two answers to the petition; the first answer was the same as the second one, except that it left out an important special defense attempted to be made by the executor, viz.: (1) that it was the intent and expressed wish of the testator that the legacy made by his wife should be in lieu of all rights she might claim against his estate; (2) that it was testator's express desire that his wife should have a homestead out of his estate. After argument upon a motion and…
1Opinion of the CourtCoffey, J.
This is an application by Julia Green, the widow of William Arthur Green, deceased, to have a homestead set apart by the court for her use.
The "petition recites that letters testamentary were issued out of this court on December 7, 1886, to R. H. Lloyd, one of the executors named in the last will of decedent, who immediately entered upon the discharge of his duties as such executor, and has ever since continued to act in that capacity; that the executor has published notice to creditors according to order of the court; that he has made and returned herein the inventory and appraisement as…
2Cases cited12 opinions
- In re Estate of BallentineCalifornia Supreme Court · 1873
- In re Estate of MooreCalifornia Supreme Court · 1881
- In re the Estate of BolandCalifornia Supreme Court · 1872
- Higgins v. HigginsCalifornia Supreme Court · 1873
- Sulzberger v. SulzbergerCalifornia Supreme Court · 1875
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