Beck v. Soward

Citations

• 76 Cal. 527
• 18 P. 650
• 1888 Cal. LEXIS 926

Syllabus

<p>Homestead — Separate Property op Wipe—Acknowledgment op Declaration. —An acknowledgment of a declaration of homestead selected from the separate property of the wife must be made by the wife in strict accordance with section 1186 of the Civil Code. An acknowledgment stating that “she was by me first made acquainted with the contents thereof, and thereupon acknowledged to me, on examination separate and apart from and without the hearing of her husband,” etc., in the form provided by the statute prior to the code, is insufficient, because not showing that she was made acquainted with the contents of the instrument by the officer on an examination without the hearing of her husband.</p> <p>Id. —Descent and Distribution of Homestead Property. — When the homestead is carved out of the separate property of the wife, and the wife dies intestate, leaving more than one child, it descends, one third to the husband, and the remaining two thirds in equal shares to the children, as provided in section 1386 of the Civil Code.</p>