Packard v. Arellanes
California Supreme Court
Appeal from the Second District. In 1812 the respondents’ testator married the appellant’s intestate, Josefa Arellanes. They cohabited as husband and wife until May, 1851, when the latter died, leaving issue.
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Appeal from the Second District. In 1812 the respondents’ testator married the appellant’s intestate, Josefa Arellanes. They cohabited as husband and wife until May, 1851, when the latter died, leaving issue. At that time they owned certain property in common, and particularly 4,000 head of cattle, ranging, according to the custom of the country, in open fields and distinguished by a certain ear-mark and brand, known and recognized as the ear-mark and brand of Teodoro Arellanes. No letters of administration upon the estate of Josefa were ever taken out, except those granted to the appellant…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The only question we propose to consider in this case is, whether upon the dissolution of a marriage by the death of the wife, one-half of the common property is subject to administration under the provisions of the act regulating the settlement of the estates of deceased persons. Section fifty-two of that act provides generally for the granting of administration of the estates of all persons dying intestate ; and section one hundred and ninety-four requires the administrator to take possession of all the property, real and personal, belonging to the…
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