Legal Opinion

In re Estate of De Castro v. Barry

California Supreme Court

Decided July 1, 1861PublishedCited by 4 opinions

Appeal from the Probate Court of Contra Costa. Felicidad Carillo de Castro, the wife of Victor Castro, died on the thirteenth of July, 1856, intestate and the owner of a tract of land. Her husband and their two infant children, Victor and Jovita, survived her. The boy Victor died in July, 1857, being about three years old. Julio Carillo was appointed administrator of the estate of Felicidad.

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Appeal from the Probate Court of Contra Costa. Felicidad Carillo de Castro, the wife of Victor Castro, died on the thirteenth of July, 1856, intestate and the owner of a tract of land. Her husband and their two infant children, Victor and Jovita, survived her. The boy Victor died in July, 1857, being about three years old. Julio Carillo was appointed administrator of the estate of Felicidad. In December, 1857, all the right, title and interest of Victor Castro, the husband, in the estate of his wife was levied on under execution against him, and sold by the Sheriff to one Watson, who…

1Opinion of the CourtBaldwin, J.

Field, C. J. concurring.

The deceased was the owner of a tract of land in Sonoma county, which she inherited from her mother, and which was her separate estate. The intestate died in July, 1856, being the wife of Victor Castro. They had two children of the marriage—of tender years. Victor, the youngest of these children, died about one year after his mother; the other child is still living. About six months after the infant’s death, the share in the real estate which would have been his was sold under execution against the father, (and also the father’s claim, as heir of the wife) as property…

2Cited by4 opinions

  1. French v. PhelpsCalifornia Court of Appeal · 1912
  2. Stitt v. BushOregon Supreme Court · 1892
  3. Estate of Harrison, Superior Court of California, County of San Francisco1876
  4. Paty v. SmithCalifornia Supreme Court · 1872

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