In re Estate of Orr
California Supreme Court
Appeal from the Probate Court, Placer County. On the 27th day of September, 1862, William H. Orr, and C. M. Orr, his wife, executed to C. A. Brown a mortgage on a tract of land they resided on to secure the payment of the sum of one thousand eight hundred dollars. July 22d, 1863, Orr made and recorded a declaration of homestead on the land so mortgaged to Brown. On the 8th day of November, 1863, Orr died intestate, leaving him surviving his wife and two infant children.
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Appeal from the Probate Court, Placer County. On the 27th day of September, 1862, William H. Orr, and C. M. Orr, his wife, executed to C. A. Brown a mortgage on a tract of land they resided on to secure the payment of the sum of one thousand eight hundred dollars. July 22d, 1863, Orr made and recorded a declaration of homestead on the land so mortgaged to Brown. On the 8th day of November, 1863, Orr died intestate, leaving him surviving his wife and two infant children. December 20th, 1864, Brown, the mortgagee, was appointed administrator of the estate, and qualified and entered upon the…
1Opinion of the Court
By the Court, Sanderson, C. J.
The order of the Court refusing to direct a sale of the homestead for the purpose of satisfying the alleged mortgage claim of C. A. Brown, is not erroneous. Section four of the Homestead Act (Statutes 1862, p. 519,) provides that “the homestead property shall, upon the death of the husband or wife, vest absolutely in the survivor and be held by the survivor as fully and amply as the same was held by them, or either of them, immediately preceding the death of the deceased, and shall not be subject to the payment of any debt or liability contracted by or existing…
2Cases cited2 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Willis v. FarleyCalifornia Supreme Court · 1864
3Cited by10 opinions
- In re AckermanCalifornia Supreme Court · 1889
- Rich v. TubbsCalifornia Supreme Court · 1871
- In re the Estate of BurtonCalifornia Supreme Court · 1883
- Durland v. SeilerNebraska Supreme Court · 1889
- Schadt v. HeppeCalifornia Supreme Court · 1873
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