Coughanour v. Hoffman's Estate
Idaho Supreme Court
APPEAL from District Court, Boise County. The widow could acquire no homestead interest in the property until an order of the probate court or judge was made setting it apart for her. It differs from the case of a homestead created during the existence of the community by a compliance with the provisions of the homestead act.
Read the full summary
APPEAL from District Court, Boise County. The widow could acquire no homestead interest in the property until an order of the probate court or judge was made setting it apart for her. It differs from the case of a homestead created during the existence of the community by a compliance with the provisions of the homestead act. (Estate of Boland, 43 Cal. 640-642 et seq.) The probate court does not acquire jurisdiction to set apart a homestead for the surviving wife, where no homestead had been selected before the death of the husband, unless a petition therefor is filed. (Gameto v. Dupuy, 41…
1Opinion of the CourtBuck, J.
Appeal from a decree of the district court, confirming an order of the probate court of Boise county, setting *292aside three hundred and seventeen acres of land as a homestead, upon petition of Ella M. Hoffman, widow of Fred Hoffman, deceased, under section 4, page 629 of the Revised Laws of Idaho. The section reads as follows: “The homestead, and other property exempt from forced sale, of either husband or wife, may be set apart by the probate court for the benefit of the surviving husband or wife, and his or her legitimate children.” Section 1 of the same act (Revised Laws, 627) provides that…
2Cases cited5 opinions
- Kneettle v. . NewcombNew York Court of Appeals · 1860
- Estate of WalleyNevada Supreme Court · 1876
- Hawthorne v. SmithNevada Supreme Court · 1867
- Woodward v. MurrayNew York Supreme Court · 1820
- Conklin v. FosterIllinois Supreme Court · 1870
3Cited by7 opinions
- Garvin v. HarrellSupreme Court of Oklahoma · 1910
- McMillan v. United States Fire InsuranceIdaho Supreme Court · 1929
- In Re MillsapUnited States Bankruptcy Court, D. Idaho · 1991
- Wright v. EastlickCalifornia Supreme Court · 1899
- Aslett v. EvansIdaho Supreme Court · 1929
2 more not listed; retrieve them via the Exa API.