Beard v. Knox

Citations

• 5 Cal. 252
• 1855 Cal. LEXIS 100

Syllabus

<p>The Act of April 17th, 1850, giving io the husband the entire control of the common property, does net iuvest him with power to dispose of the same by devise, whereby the rights of the wife may be defeated.</p> <p>Our statute has done away with the common law right of dower, and substitutectin place a half interest in the common property.</p> <p>The husband and wife, during coverture, are jointly seized of the property, with one-half interest remaining over to the wife, subject only to the husband’s disposal during their joint lives.</p> <p>The interest in the wife, is a present, definite, and certain interest, which becomes absolute at ihe death of the husband.</p> <p>The statute gives no greater rights or privileges to- wives residing ifl the State, than those who-do not reside here.</p> <p>The taking of a legacy by the wife under the will of the husband, will not prevent her from contesting the validity of the will, so far as it disposes of the half interest in the common property to others.</p> <p>She is entitled to her own share of the common property, and entitled to- the legacy out o>f the shave of the husband.</p>