In re Estate of Ballentine
California Supreme Court
Appeal from the Prohate Court of the City and County of San Francisco. James Ballentine died May 13th, 1872, leaving a widow, Sarah Ballentine, a son, James H. Y. Y. Ballentine, a daughter, Jane M., wife of Samuel Jaques, and likewise the widow and minor children of a deceased son, John P. A. Ballentine, who had died about one month prior to his father. Mrs. Jaques resided in Few York City.
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Appeal from the Prohate Court of the City and County of San Francisco. James Ballentine died May 13th, 1872, leaving a widow, Sarah Ballentine, a son, James H. Y. Y. Ballentine, a daughter, Jane M., wife of Samuel Jaques, and likewise the widow and minor children of a deceased son, John P. A. Ballentine, who had died about one month prior to his father. Mrs. Jaques resided in Few York City. By his will, made December 9th, 1871, James Ballentine made his widow his sole executrix, declared that his property was all common property, and devised to the widow his personal property, and one half of…
1Opinion of the Court
By the Court:
There was no error in the order of the Probate Court setting apart a homestead for the use of the widow. Section one hundred and twenty-one of the Probate Act, as amended in 1870 (Stats. 1869-70, p. 400), provides that “the Court or Probate Judge may, of his own motion or on application, *699set apart, for the use of the husband or wife, or the minor child or children of the deceased, all personal property which is by law exempt from execution, and the homestead as designated by the general homestead law, or by section one hundred and twenty-four of this Act.” Section one hundred…
2Cited by32 opinions
- Hayes v. County of Los AngelesCalifornia Supreme Court · 1893
- Brenner v. City of Los AngelesCalifornia Supreme Court · 1911
- Chadbourne v. ChadbourneCalifornia Court of Appeal · 1911
- Webb v. StillCalifornia Supreme Court · 1897
- Tyrrell v. BaldwinCalifornia Supreme Court · 1889
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