Cunha v. Hughes

Citations

• 122 Cal. 111
• 54 P. 535
• 1898 Cal. LEXIS 542

Syllabus

<p>Estates oe Deceased Persons—Community Property—Distribution—Eights op Widow—Election.—The surviving widow-takes her rights in the community property by succession from the husband; and her rights theiein are concluded by the decree of distribution of his estate, if not appealed from, whether she has elected to take her one-half interest, or to take a life estate in the whole under his will.</p> <p>Id.—Eppect op Decree op Distribution.—The decree of distribution, when final, becomes the measure of the rights of all claimants to the estate, and their rights are to be determined by the terms of the decree.</p> <p>Partition—Allotment op Community Property to Husband and W'ipe.—The community character of property purchased by the husband is not changed by a subsequent decree in partition allotting it to the husband and wife jointly. That decree conferred no new or additional title upon the wife.</p> <p>Homestead—Declaration by Wipe.—A declaration of homestead by a wife must contain the statement required by section 1263 of the Civil Code, “showing that her husband has not made such declaration, and that she therefore makes the declaration for their joint benefit,” and if it omits such statement it is ineffectual.</p>