Estate of Garrity

Citations

• 108 Cal. 463
• 41 P. 485
• 1895 Cal. LEXIS 875

Syllabus

<p>Estates or Deceased Persons — Family Allowance — Homestead — Jurisdiction.—The right of the family to an allowance for its support is not dependent nor contingent upon a previous order setting apart a homestead for the use of the family, and section 1466 of the Code of Civil Procedure confers upon the court the power, in its discretion, to make such reasonable allowance out of the estate as shall be necessary for the maintenance of the family during the progress of the settlement of the estate, and its jurisdiction is not affected by the fact that the inventory shows that there was property of the estate out of which a homestead might be set apart to the widow.</p> <p>Id.—Petition by Executor for Family Allowance—Relationship to Widow.—It is not requisite that the widow should herself petition for a family allowance; but the order may be made upon a petition by any one in her behalf, and the fact that the executor is also her son should not prevent a petition made by him in her behalf from receiving consideration by the court.</p> <p>Id.—Final Account of Executor—Disposition of Property Unappraised—Evidence of Value—Appraisement.—Where an executor has disposed of property, which was not included in the appraisement of the estate, the court is authorized to take evidence of its value for the purpose of ascertaining the amount with which the executor should be charged, and is not required to appoint an appraiser for that purpose.</p> <p>Id.—Distribution—Life Estate in Personal Property—Security— Intention of Testator.—Where the will of a testator discloses his intention that his widow shall have the full enjoyment during her lifetime of personal property bequeathed to her, without being required to give any security for its preservation, she is entitled to have the possession of the personal property in which she is given a life estate distributed directly to her, to be held during the term of her life.</p> <p>Id.—Probate Jurisdiction—Conversion of Property for Inv