In re Estate of Holbert
California Supreme Court
Appeal from a judgment in the Probate Court of the County of San Joaquin. Buckley, J. The judgment distributed the property to the devisees as separate property, and the representatives of the wife appealed.
1Opinion of the Court
Myrick, J.:
This is an appeal from a decree of distribution made by the Probate Court. The devisees of the testator claim that the property in controversy was his separate property; on the other hand, the representatives of the wife (now deceased) of the testator claim that the property was the community property of the snouses.
The evidence and the admitted facts are brief, and appear in the bill of exceptions.
July 5th, 1866, James Holbert (the deceased) intermarried with Frances Holbert; December 13th, 1866, James Holbert purchased the real estate in controversy for the sum of $2,000; in…
2Cited by10 opinions
- Campbell v. BeyersSupreme Court of Alabama · 1914
- Ellis v. McDowellCalifornia Supreme Court · 1928
- State v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1917
- In Re Marriage of GriniusCalifornia Court of Appeal · 1985
- Lea v. ShankCalifornia Court of Appeal · 1970
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