In re Estate of Delaney

Citations

• 37 Cal. 176

Syllabus

<p>Homestead.—The homestead represents the dwelling house of the family and necessary outhouses of every kind, and need not be in a compact form, and may be intersected by highways. It is not limited as to quantity, the only limitations being as to its use and value. The homestead dwelling house may also be used as a place of business by the family.</p> <p>Tests op Homestead.—The homestead and the tests by which it is ascertained are the same whether the question arises between a husband and wife, or one of them and a vendee, a mortgagee, a creditor, or the heirs of the deceased husband or wife.</p> <p>Value op Homestead.—If the homestead land increases in value after the filing' of the_declaration, so as to be worth more than five thousand dollars, the same “ will be decreased in quantity pro tanto.</p> <p>Idem.—The declaration of homestead is not evidence of the value of the homestead, even if it states the value; and if the declaration describes a tract of land worth more than five thousand dollars, the actual homestead will be enough of the tract described, including the dwelling house, to come within said value.</p> <p>Setting off Homestead to Surviving Wife.—The surviving wife inherits the actual homestead, that is, the dwelling house and sufficient land to be worth five-thousand dollars. This value is that which the land bore at the time of the husband's death, and not what it bore at the time the declaration was filed, or at any previous time.</p> <p>Idem.—When the surviving wife petitions to have the homestead set off to her, she must show to the Probate Court what was the homestead at the time of the husband's death, and what was its value at that time, and the Court should restrict the quantity of land set off to her to an amount worth five thousand dollars, or less, regardless of the quantity described in the declaration of homestead.</p> <p>Idem.—In such proceeding, it is not sufficient for the wife to prove that at the • time the declaration was filed,