Estate of Hessler

Citations

• 2 Coffey 354

Syllabus

<p>Homestead—Setting Apart from Community Property.—The requirement of Code of Civil Procedure, section 1165, that a homestead be set apart for the use of the surviving husband or wife and the minor children out of the common property, is mandatory, and if there is suitable property in the estate for the purpose it must be set aside.</p> <p>Homestead—Setting Apart from Community Property Absolutely.— If a homestead is selected from the common property, it cannot be set apart for a limited period only. It is of no consequence that the widow is old and will not require the homestead for many years, or that she will receive three-fourths of the estate upon distribution. It is plainly the duty of the court, under the statute, to award a homestead to her, and it is then taken out of the estate and becomes her property, with absolute power of disposition.</p> <p>Homestead.—There is No Limitation as to the Value of property set aside as a probate homestead.</p> <p>Homestead.—Where there are No Children, the widow constitutes the family of the decedent.</p> <p>Family Allowance.—In Determining What is a Reasonable Allowance for the maintenance of the family of a decedent, regard should be had to the condition of the estate and the mode in which the family had lived during the lifetime of the deceased.</p> <p>Family Allowance.—The Right to an Allowance Commences from the Death of the decedent.</p> <p>Funeral Expenses—Extent of Expenditures Therefor.—While suitable respect should be shown to the deceased in the matter of a burial place and monument, and while the court in its discretion can make allowance out of the estate therefor, yet large expenditures in this way represent the sentiments of the persons that incur them, rather than the necessary expenditure of trust funds, and courts should be cautious in allowing expenditures of this character.</p> <p>Funeral Expenses.—The Cost of a Monument is a part of the funeral expenses, and a reasonable amount for this purpose may be