Legal Opinion

Estate of Goodale

Superior Court of California, County of San Francisco

Decided April 6, 1891No. 1,029Published

Application by Ellen E. Stouder, formerly widow of David Goodale, and subsequently married to John Stouder, also deceased, for a homestead. Opposed by children of Goodale.

1Opinion of the CourtCoffey, J.

Mrs. Ellen E. Stouder, the widow of John Stouder, petitions for a homestead in the estate of David Goodale. Mrs. Stouder was the widow of David Goodale before her marriage to Stouder.

Petitioner claims that statutes, such as that under which a probate homestead is given, should receive a broad and liberal construction. This is admitted; but the construction for which petitioner contends would be a perversion. We must construe the statute as it stands; not substitute a statute by a strained and false construction. To pursue the latter course would be to perpetrate a dangerous and vicious piece…

2Cases cited6 opinions

  1. In re Estate of MooreCalifornia Supreme Court · 1881
  2. Webb v. StillCalifornia Supreme Court · 1897
  3. Matthews v. OrmerdCalifornia Supreme Court · 1903
  4. Harrington v. Union Trust Co.California Supreme Court · 1903
  5. In re the Estate of BolandCalifornia Supreme Court · 1872

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