In re Estate of Busse

By the Court, Sawyer, C. J.:

On the 16th of July, 1867, Albert Busse died intestate, leaving surviving him Jane Busse, his widow, and David E. Busse, his brother. There were no children, and the estate is to be divided between said widow and brother. He owned real estate in San Francisco, hut had not resided on it, nor had any portion of it, during his lifetime, been set apart, or dedicated as a homestead under the statute relating to homesteads. After his déath, on the petition of the said widow, the Probate Court, assuming to act under the provisions of section one hundred twenty-one of the…