Cooper v. Wilder

Citations

• 111 Cal. 191
• 43 P. 591
• 1896 Cal. LEXIS 565

Syllabus

<p>Public Lands—Timber Olaim—Death of Claimant—Nondevisablb Interest—Title of Heirs under Patent—Ineffective Distribution of Estate.—The owner of a timber culture claim upon the public lands of the United States has no devisable interest; and upon his death, before fulfillment of all the conditions required to obtain a patent, his heirs are permitted to fulfill the remaining conditions, and to obtain a patent, which they take not by inheritance, but in equal shares, as grantees from the government, regardless of the proportion in which they could have taken under the law of succession of the state; and such title is not affected by a distribution of the estate of the deceased claimant in accordance with his will to the exclusion of one of the heirs.</p>