Eproson v. Wheat
California Supreme Court
Appeal from the Probate Court of Calaveras County. This was an application to the Probate Court to have a homestead set apart out of the estate of Robert Eproson, deceased, for the benefit of the petitioner, wife of decedent, and a minor child, the only surviving issue of the petitioner and decedent. No homestead had been selected and recorded by either the husband or the wife during the lifetime of the decedent.
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Appeal from the Probate Court of Calaveras County. This was an application to the Probate Court to have a homestead set apart out of the estate of Robert Eproson, deceased, for the benefit of the petitioner, wife of decedent, and a minor child, the only surviving issue of the petitioner and decedent. No homestead had been selected and recorded by either the husband or the wife during the lifetime of the decedent. The decedent at the time of his death in June, 1876, was possessed of one hundred and sixty acres of land, which, with the improvements thereon, were appraised as of "the value of…
1Opinion of the Court
By the Court :
The bequest of one hundred dollars made by the will of the decedent to the petitioner, his surviving wife, was not accepted by her, and does not bar her claim to have a homestead set apart for the benefit of herself and the minor child of the deceased, as provided by the Code of Civil Procedure, sec. 1465. Nor does the agreement for a separation, made between the decedent in his lifetime and his wife, the petitioner, bar her claim to such homestead. Upon the facts appearing in this case, it was the duty of the Probate Court, under the provisions of the section of the Code above…
2Cited by7 opinions
- Estate of YoellCalifornia Supreme Court · 1913
- Wickersham v. ComerfordCalifornia Supreme Court · 1892
- On RehearingIdaho Supreme Court · 1908
- Estate of LufkinCalifornia Supreme Court · 1901
- Hale v. Citizens National Trust & Savings BankCalifornia Court of Appeal · 1931
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