In re the Estate of Leslie
California Supreme Court
APPEAL from an order of tbe Superior Court of tbe City and County of San Francisco, assigning tbe whole separate estate of a deceased wife, appraised at eleven hundred and twenty-five dollars and thirty-five cents to the minor children, to tbe exclusion of tbe husband. Charles W. Slack, Judge. Tbe appeal was taken by tbe husband of tbe deceased wife. Tbe facts are stated in tbe opinion of tbe court.
Read the full summary
APPEAL from an order of tbe Superior Court of tbe City and County of San Francisco, assigning tbe whole separate estate of a deceased wife, appraised at eleven hundred and twenty-five dollars and thirty-five cents to the minor children, to tbe exclusion of tbe husband. Charles W. Slack, Judge. Tbe appeal was taken by tbe husband of tbe deceased wife. Tbe facts are stated in tbe opinion of tbe court. Tbe legislature bad in view only community property,’ in the provision for setting apart an estate of small value, a widower not being mentioned, because the entire community property vests in him…
1Opinion of the CourtGaroutte, J.
In bis brief appellant states that tbe sole question presented by this appeal is, Does section 1469 of the *73Code of Civil Procedure apply to the separate estate of the wife? We see no reason why the provisions of that section do not apply to the separate property of both the wife and husband equally with the community property. The section is broad in its terms, and in no way is it there indicated that community property only was in the mind of the legislature when this law was enacted. It refers in terms to the estate of any deceased person. There is no more reason why a small separate estate…
2Cited by2 opinions
- Johnson v. JonesArizona Supreme Court · 1940
- Estate of Adamson, Superior Court of California, County of San Francisco1910