In re Estate of Higgins
California Supreme Court
Appeal from an order of the Superior Court of Santa Barbara County refusing to set aside a homestead. The facts are stated in the opinion of the court.
1Opinion of the CourtMyrick, J.
The widow of deceased petitioned the court below to set apart a homestead to her own use, absolutely, out of the real estate, averring that the said real estate was community property of herself and her said husband. The father and mother of deceased (he leaving no issue) contested the petition, averring that the property was the separate property of the deceased. The court, as conclusion of law, found the property to be separate property of deceased, and refused to set apart a homestead except for a limited period. From this order the widow appealed.
The facts as to the property are as…
2Cited by5 opinions
- In Re Estate of PepperCalifornia Supreme Court · 1910
- Oldershaw v. Matteson & Williamson Manufacturing Co.California Court of Appeal · 1912
- In re Estate of BoodyCalifornia Supreme Court · 1897
- Seeber v. RandallCourt of Appeals for the Ninth Circuit · 1900
- In re Estate of Foster, Superior Court of California, County of San Francisco1909