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· 7/1/1868

In re Estate of Busse

Citations

  • 35 Cal. 310

Syllabus

<p>Homestead—When not Subject to Administration.—Under the provisions of section one hundred and twenty-one of the Probate Act, as amended in 1866, the widow, (where there are no minor children,) or a minor child or children of the deceased are entitled to have a homestead set apart by the Probate Court for her or their use, even though such homestead had not been occupied by the deceased, or selected and recorded as a homestead by him before his death. Such homestead, when thus set apart, is not subject to administration.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • husband’s testimony giving opinion on proper alimony did not deprive jury of right to determine alimony
  • as alimony, wife given exclusive use of marital home until children reach majority, husband required to pay expenses to maintain the property, and then property is to be sold and proceeds divided equally between husband and wife

Source: CourtListener parenthetical corpus (CC0).

Judges: Sawyer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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