Mawson v. Mawson
California Supreme Court
Appeal from the Probate Court, County of Colusa. William Mawson died, intestate, on the 3d day of Octo-her, 1874, leaving Agnes Mawson his widow, to whom ho had been married in 1869. The deceased left real estate which had been his separate property. There was no issue of the marriage.
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Appeal from the Probate Court, County of Colusa. William Mawson died, intestate, on the 3d day of Octo-her, 1874, leaving Agnes Mawson his widow, to whom ho had been married in 1869. The deceased left real estate which had been his separate property. There was no issue of the marriage. The widow applied to the Probate Court, when the estate was in the course of administration, to have part of the real estate set apart to her as a homestead, no homestead having been selected during the lifetime of the decedent. The deceased left two children by a former marriage, Eichard Mawson and Elizabeth…
1Opinion of the Court
By the Court:
The Probate Court set apart to the widow a homestead out of the separate estate of the deceased husband, none having been selected and recorded during the lifetime of the latter. The heirs at law appeal, and contend, first, that under the Code, as amended in 1874, the Probate Court has no power to set aside a homestead to the widow where none was selected in the lifetime of the husband; and second, that if the power exists at all, it is limited to the selection of a homestead from the community property, and has no application to the separate estate of the husband. It is not…
2Cited by15 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Collins v. ScottCalifornia Supreme Court · 1893
- In Re Estate of NiccollsCalifornia Supreme Court · 1912
- Sanders v. RussellCalifornia Supreme Court · 1890
- In re AckermanCalifornia Supreme Court · 1889
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