Sulzberger v. Sulzberger
California Supreme Court
Appeal from the Probate Court, County of Sutter. Frederick Sulzberger married Christina Sulzberger on the 1st day of September, 1870. He died on the 3d day of November, 1872, leaving one-child, Elizabeth. At the time of his death the wife was pregnant. By his will, he devised ten thousand dollars to his daughter Elizabeth, and the same amount to his posthumous child.
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Appeal from the Probate Court, County of Sutter. Frederick Sulzberger married Christina Sulzberger on the 1st day of September, 1870. He died on the 3d day of November, 1872, leaving one-child, Elizabeth. At the time of his death the wife was pregnant. By his will, he devised ten thousand dollars to his daughter Elizabeth, and the same amount to his posthumous child. The child was born in January, 1873, and died in April, 1873. The widow and Thomas Dobbins were named executors. Both qualified, but the widow did not act. The -will was admitted to probate in December, 1872. At the time the will…
1Opinion of the Court
By the Court:
The court refused to set apart a homestead to the petitioner as the widow of the deceased, on the ground that the property was the separate property of the deceased, and having been disposed of by his will, was not subject to the homestead-claim of his widow, and on the further ground that the widow, having qualified as the executrix, and being entitled, as one of the residuary devisees to a portion of the estate, cannot question the validity of the disposition made by the will. The estate was valued at more than $28,472. The will directed the sum of $10,000 to be paid to each of…
2Cases cited1 opinion
- In re the Estate of BolandCalifornia Supreme Court · 1872
3Cited by19 opinions
- Kennedy v. McDougalCalifornia Supreme Court · 1910
- Rosenblum v. LevyCalifornia Supreme Court · 1904
- Estate of HuelsmanCalifornia Supreme Court · 1899
- Leet v. BarrOregon Supreme Court · 1922
- Rountree v. MontagueCalifornia Court of Appeal · 1916
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