Born v. Horstmann

Citations

• 80 Cal. 452
• 22 P. 169
• 1889 Cal. LEXIS 938

Syllabus

<p>Appeal — Stay of Proceedings — Bond — Partition — Interlocutory Decree. — The three-hundred-dollar undertaking on appeal ipso Jacio operates as a supersedeas, and stays all proceedings in cases where the appellants are not required by the judgment to perform any directions; and an order of this court staying proceedings is not essential to preserve the rights of appellants upon an appeal from an interlocutory decree in partition settling rights of property.</p> <p>Id..— Modification of Order Staying Proceedings.—An order staying proceedings upon an appeal from an interlocutory decree in partition will not be modified when the appeal bond operates ipso Jacto as a supersedeas, and the motion presents an important question as to the construction of a will which ought to abide a hearing on the merits of the appeal.</p> <p>Will — Condition as to Divorce — Public Policy. — A condition in a will that each of the daughters of the testator shall receive a certain portion of the estate in the event of becoming a widow, or otherwise becoming lawfully separated from her husband, is not void as against public policy, or as holding out an inducement for an unlawful separation of the daughter from her husband, but will be enforced as lawful and valid.</p> <p>Id.—Conditions in Favor of Grandchildren—Rights of Contingent Devisees. — When a will provides that the income of the estate is to be paid to the children of the testator during their natural lives, and in the event of the death of any of them, one fifth part of the residue of the estate shall go to the lawful issue of such child, and in the event of a daughter becoming a widow, or otherwise lawfully separated from her husband, one fifth part shall go to such daughter, the children of a married daughter have an interest in the property, and are entitled to have it remain undisposed of by their mother until the conditions of the will are complied with, and to inherit the same upon the death of the mother before such conditio