In re the Estate of Tompkins
California Supreme Court
Appeal from the Probate Court of the City and County of San Francisco. The following are the facts upon which this appeal is based, as they appear in the opinion of the Court : The administratrix, who is the widow of the deceased, presented her final account for settlement to the Probate Court.
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Appeal from the Probate Court of the City and County of San Francisco. The following are the facts upon which this appeal is based, as they appear in the opinion of the Court : The administratrix, who is the widow of the deceased, presented her final account for settlement to the Probate Court. In this account she charged herself only with one moiety of the common property, omitting to account for the other part of the common property or the homestead, or its rents and profits. The Probate Court approved the account as rendered, except as to the omission to charge the administratrix with the…
1Opinion of the CourtTerry, C. J.
The questions presented are, 1st. Whether the whole of the common property is assets of the deceased husband to be administered by his personal representative ?
2d. Whether the homestead constitutes a portion of such assets ?
By our statute, the entire common property is subject to the absolute disposition and control of the husband during coverture, and is liable to be executed for his debts. It is also provided, that “ upon the dissolution of the community by the death of either husband or wife, one-half of the common property shall go to the survivor and the other half to the descendants of…
2Cases cited1 opinion
- Taylor v. HargousCalifornia Supreme Court · 1854
3Cited by7 opinions
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Bacus v. BurnsSupreme Court of Oklahoma · 1915
- Frankel v. BoydCalifornia Supreme Court · 1895
- Estate of FalconeCalifornia Court of Appeal · 1962
- Smith ex rel. Smith v. ShrievesNevada Supreme Court · 1878
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