In re Estate of Wixom
California Supreme Court
Appeal from the Probate Court, San Bernardino County. Nathan Wixom, and Betsy Eliza Wixom, Ms wife, on the 16th day of April, 1861, were residing on and made and filed a declaration of homestead on Lots One and Eight, in Block Twenty, in the City of San Bernardino, County of San Bernardino. Nathan Wixom afterwards died, and his wife, who was administratrix of the estate, petitioned the Probate Court, in 1867, to set aside the homestead to her use.
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Appeal from the Probate Court, San Bernardino County. Nathan Wixom, and Betsy Eliza Wixom, Ms wife, on the 16th day of April, 1861, were residing on and made and filed a declaration of homestead on Lots One and Eight, in Block Twenty, in the City of San Bernardino, County of San Bernardino. Nathan Wixom afterwards died, and his wife, who was administratrix of the estate, petitioned the Probate Court, in 1867, to set aside the homestead to her use. At the time of the presentation of the petition the widow and her two minor children, Charles and Chauncey Wixom, were residing on the homestead.…
1Opinion of the Court
By the Court, Sanderson, J.:
As they now read, there is some inconsistency between the provisions of the Probate Act and those of the Homestead Act, in relation to the disposition of the homestead upon the death of the husband. Both Acts were first passed in 1851, and, in the respect named, they were then consistent with each other. By the tenth section of the Homestead Act, it was made the duty of the Probate Court, “upon the death of the head of the family,” to set apart the homestead “for the benefit of the surviving wife and his own legitimate children.” (Stats. 1851, p. 298, Sec. 10.) By…
2Cases cited1 opinion
- In re Estate of OrrCalifornia Supreme Court · 1865
3Cited by8 opinions
- Inre Yick WoCalifornia Supreme Court · 1885
- Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
- MacEdo v. MacEdoCalifornia Court of Appeal · 1938
- County of Trinity v. County of MendocinoCalifornia Supreme Court · 1907
- Smith ex rel. Smith v. ShrievesNevada Supreme Court · 1878
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