In re Ackerman

Citations

• 80 Cal. 208
• 22 P. 141
• 1889 Cal. LEXIS 890

Syllabus

<p>Homestead—Community Property—Right of Survivor—Sale after Death of Spouse. —Upon the death of either spouse, a homestead declared upon community property vests absolutely in the survivor, still, retaining its homestead characteristics; and if the survivor afterwards sell the same, he is not entitled to have another homestead set apart to him out of the separate property of the deceased.</p> <p>Id, —Estate of Decedent—Property Liable to be Set Apart as Home-, stead. — Under the provisions of the Code of Civil Procedure, no property can be set apart by the probate court as a homestead out of the estate of a deceased person which could not have been dedicated as such under the homestead act immediately preceding the death of the deceased.</p>