Estate of Huelsman
California Supreme Court
APPEAL from an order of the Superior Court of Sacramento ‘County directing executors to discharge a mortgage lien upon a probate homestead. Matt;. F. Johnson, Judge. The main facts are stated in the opinion of the court, and in the concurring opinion of Mr. Justice Garoutte, as to the general character of the proceedings setting apart the homestead, and the absence of allusion in the terms of that order to the separate property of the husband.
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APPEAL from an order of the Superior Court of Sacramento ‘County directing executors to discharge a mortgage lien upon a probate homestead. Matt;. F. Johnson, Judge. The main facts are stated in the opinion of the court, and in the concurring opinion of Mr. Justice Garoutte, as to the general character of the proceedings setting apart the homestead, and the absence of allusion in the terms of that order to the separate property of the husband. The order appealed from recited that the whole property of the estate, including the homestead, was in fact the separate property of the husband, and…
1Opinion of the CourtHenshaw, J.
This is an appeal from an order directing the executors of the above-entitled estate to pay off and discharge a mortgage lien on the probate homestead which had been set apart to the widow of the deceased.
The deceased left a will in which he devised to his widow a one-half interest in a farm in Sacramento county, and also a one-half interest in the personal property on the farm. The remainder of his estate, with a trifling exception, was left to a daughter and son, children of a former wife. At the time the will was made, the farm, which was appraised at the value of two thousand three…
2Cases cited6 opinions
- In re the estate of MooreCalifornia Supreme Court · 1892
- Hanley v. HanleyCalifornia Supreme Court · 1896
- Fealey v. FealeyCalifornia Supreme Court · 1894
- In re the Estate of LahiffCalifornia Supreme Court · 1890
- Sulzberger v. SulzbergerCalifornia Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Kennedy v. McDougalCalifornia Supreme Court · 1910
- Landers v. WhitneyCalifornia Supreme Court · 1916
- In Re Estate of BumpCalifornia Supreme Court · 1907
- Leet v. BarrOregon Supreme Court · 1922
- Rountree v. MontagueCalifornia Court of Appeal · 1916
20 more not listed; retrieve them via the Exa API.