In re the Estate of Boland
California Supreme Court
Appeal from the Probate Court of the City and County of San Francisco. On the 24th day of October, 1860, John Boland purchased a lot in San Francisco, with money, his separate property. He resided on- the same with his wife and daughter, Margaret Boland, and died on the 3d day of February, 1861. Ho homestead was claimed under the provisions of the Homestead Act.
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Appeal from the Probate Court of the City and County of San Francisco. On the 24th day of October, 1860, John Boland purchased a lot in San Francisco, with money, his separate property. He resided on- the same with his wife and daughter, Margaret Boland, and died on the 3d day of February, 1861. Ho homestead was claimed under the provisions of the Homestead Act. Boland left a will, which was probated, by which he devised all his property to his daughter, and nominated John McEamara the executor of his estate. The daughter was born in 1851. After Boland’s death the widow and daughter continued…
1Opinion of the Court
*642By the Court,
Niles, J.:
Conceding, for the purpose of this case, that the property in question could be set apart to the widow, under the provisions of the Probate Act, notwithstanding the will of John Boland, it is evident that the widow could acquire no homestead interest in the property until an order of the Probate Court, or Judge, was made, setting it ajiart to her. It difiera from the case of a homestead created during the existence of the community, by a compliance with the provisions of the Homestead Act, the title to which vests in the wife upon the death of the husband, by right of…
2Cited by21 opinions
- Estate of PillsburyCalifornia Supreme Court · 1917
- Estate of BlairCalifornia Supreme Court · 1954
- Fealey v. FealeyCalifornia Supreme Court · 1894
- Sheehy v. MilesCalifornia Supreme Court · 1892
- Webb v. StillCalifornia Supreme Court · 1897
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