In re Estate of Boody

Citations

• 119 Cal. 402
• 51 P. 634
• 1897 Cal. LEXIS 910

Syllabus

<p>Estates of Deceased Persons—Distribution—Separate Property of Husband-Presumption from Purchase after Marriage—Rebutting Proof. Property acquired by the husband before marriage is properly distributed as his separate estate; and the presumption that property purchased after marriage is community property is rebutted and overcome by proof that the property acquired after marriage was acquired by the ordinary use of his separate property, and that lands which appear to have been the nucleus of subsequent holdings • was settled upon, possessed, and claimed by him long before his marriage, although not consummated by patent from the sources of paramount title until subsequent to the marriage.</p>