In re Estate of Silvey
California Supreme Court
Appeal from the Probate Court of Solano County. The Court below, in its decree of distribution, was of opinion, and adjudged and decreed, “ that the said testator intended that said will should operate and take effect upon the whole of the community property, as well so much thereof as is by law subject to testamentary distribution as his wife’s interest in the said community, and that it must operate'upon the whole or upon none of the said property; that the said wife is…
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Appeal from the Probate Court of Solano County. The Court below, in its decree of distribution, was of opinion, and adjudged and decreed, “ that the said testator intended that said will should operate and take effect upon the whole of the community property, as well so much thereof as is by law subject to testamentary distribution as his wife’s interest in the said community, and that it must operate'upon the whole or upon none of the said property; that the said wife is not now entitled to take one half of the said property in her own right and the other half for life under the will, but…
1Opinion of the Court
By the Court, Wallace, J.:
The entire estate was community property. Silvey left a widow (since his death become the wife of Biddle) and eight children. His will (so far as is claimed to be pertinent to the question here) was as follows:
“ Item First—I will that out of my estate all my just debts be paid.
“ Item Second—I will and bequeath the entire residue of my property to my dearly beloved wife, Susan, to be held, used, and enjoyed by her during her natural life, and after her death to be equally divided between * * * our children.”
Upon the death of Silvey, one half of the estate vested in…
2Cases cited1 opinion
- Beard v. KnoxCalifornia Supreme Court · 1855
3Cited by13 opinions
- Tourette v. TouretteArizona Supreme Court · 1914
- In re Estate of SmithCalifornia Supreme Court · 1895
- Estate of MooreCalifornia Court of Appeal · 1923
- Wickersham v. WickershamCalifornia Supreme Court · 1902
- Estate of WolfeCalifornia Supreme Court · 1957
8 more not listed; retrieve them via the Exa API.