In re Estate of Baubichon
Citations
- 49 Cal. 18
Syllabus
<p>Construction of Ante-nuptiai Contract.—If, in an ante-nuptial contract, there are several articles, and if, in construing the same, to attach a clause of one article to another article would make the article to which it is attached contradictory, such clause will be held applicable only to the article in'which it is found.</p> <p>'Inheritance Under Ante-nuptiah Contract.—If, in an ante-nuptial contract, made in France, each of the future spouses gives or conveys to the survivor of them all the property which the first one dying shall leave, except what the law gives to the children of the marriage, the children take, not under the contract, but under the law, and if the survivor of the spouses dies in this State, leaving property here, the same will be distributed by the Probate Court in accordance with the statutes of this State.</p> <p>Distribution of Estate by Probate Court.—In the absence of an ante-nuptial contract, property in this State left by a foreigner, dying in this State, and leaving children, must be distributed in accordance with the statutes of this State.</p>
Judges: McKinstry
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