Cameto v. Dupuy

Citations

• 47 Cal. 79

Syllabus

<p>Homestead Decdaration.—A declaration claiming a homestead on premises held in joint tenancy, or tenancy in common, made prior to 1868, was not valid.</p> <p>Idem.—The act of 1868 does not allow a homestead to be carved out of lands held in joint tenancy, or tenancy in common, except when the person filing the declaration is in the exclusive occupation of the tract sought to he dedicated as a homestead.</p> <p>Homestead to Subviving Wire.—The Probate Court does not acquire jurisdiction to set apart a homestead for the surviving wife, where no homestead had been selected before the death of the husband, unless a peti ■ tion therefor is filed.</p>