In Re Estate of Gallagher
California Supreme Court
APPEAL from an order of the Superior Court of Sutter County denying an application to set apart a probate homestead to the widow of a deceased person. E. A. Davis, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFARLAND, J.
This is an appeal by Mary Gallagher, widow of the deceased, from an order denying her application to have set apart to her as a homestead certain land of the estate.
The application was made under that part of section 1465 of the Code of Civil Procedure which authorizes a probate court to set aside a homestead when “ none has been selected, designated, and recorded ” during the lifetime of the spouses. There is no dispute about the facts. The land sought to be set aside is farming-land, upon which there was no dwelling-house, and no building that could be used as a dwelling; and at the time of…
2Cases cited6 opinions
- Wickersham v. ComerfordCalifornia Supreme Court · 1892
- In re the Estate of NoahCalifornia Supreme Court · 1887
- Kingsley v. KingsleyCalifornia Supreme Court · 1870
- In re Estate of CarrigerCalifornia Supreme Court · 1895
- In re Estate of BusseCalifornia Supreme Court · 1868
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3Cited by3 opinions
- On RehearingIdaho Supreme Court · 1908
- In Re Estate of FaberCalifornia Supreme Court · 1914
- In Re GreeneUnited States Bankruptcy Court, D. Nevada · 2006