In re Estate of Bachelder

Citations

• 123 Cal. 466
• 56 P. 97
• 1899 Cal. LEXIS 1099

Syllabus

<p>Estates of Deceased Persons—Refusal to Set Apart Estate to Widow —Appeal—Death of Widow—Abatement—Dismissal.—A proceeding for the setting apart of an estate of less than fifteen hundred dollars to the widow, where there are no children, abates by the death of the widow; and the same rule applies where the court has refused to set the estate apart to the widow, and she dies pending an appeal from the order of refusal. The right of the widow does not survive to any one, and by her death the court loses jurisdiction over the proceeding, and the appeal must be dismissed.</p>