Tom Samuels, Trustee of the Estate of Dominic Michael Delucchi, Bankrupt v. Dominic Michael Delucchi

ORR, Circuit Judge.

On September 12, 1958, appellee and his wife, citizens of California, filed a. declaration of homestead in that state. Said declaration contained, among other things, a statement “that we estimate the actual cash value of our interest in said land and premises to be the sum of Five Thousand Dollars ($5000.00).” Subsequently, appellee filed a Petition in Bankruptcy in the District Court for the Northern District of California. On June 18, 1959, appellant, the Trustee in Bankruptcy, filed his report of Exempt Property, which omitted the homestead. Appellee filed an objection…