Beard v. Knox
California Supreme Court
Appeal from the District Court of tile Tenth Judicial District, Nevada County. The complaint sets forth, in sfibstance, the following facts: That the plaintiff, Rachel Beard, intermarried With the defendant’s testator, Wm.
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Appeal from the District Court of tile Tenth Judicial District, Nevada County. The complaint sets forth, in sfibstance, the following facts: That the plaintiff, Rachel Beard, intermarried With the defendant’s testator, Wm. M. Beard, in the State of Illinois, in the year 1840,—that there was no marital contract by which any separate provision was secured to the plaintiff,—that they lived together as husband and wife until some time in 1849, when William M. Beard emigrated to this State, where he resided until the time of his death, and that the plaintiff has never personally resided in this…
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., and Bryan, J., concurred.
The statute of this State, defining the right of husband and wife passed April 11,1850, provides, that “ all property, acquired by either husband or wife, except such as may be acquired by gift, bequest, devise or descent, shall be common property.” It is further provided, that the husband shall have the entire control of the common property, with absolute power to dispose of it, and upon the dissolution of the community by death, of either the husband or wife, one half of the common property shall go to the survivor, &c.
The first question raised is,…
2Cases cited1 opinion
- Kashaw v. KashawCalifornia Supreme Court · 1853
3Cited by26 opinions
- Tourette v. TouretteArizona Supreme Court · 1914
- Stewart v. StewartCalifornia Supreme Court · 1926
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Roberts v. WehmeyerCalifornia Supreme Court · 1923
- Talcott v. United StatesCourt of Appeals for the Ninth Circuit · 1928
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