In re Estate of Groome

Citations

• 94 Cal. 69
• 29 P. 487
• 1892 Cal. LEXIS 639

Syllabus

<p>Homestead Claim—Void Contract for Benefit of Partnership — Illegality. •—■ An agreement to file a homestead claim upon public land under the laws of the United States, and to obtain title thereto for the benefit of a partnership to which the applicant belongs, is in contravention of the spirit and policy of the law, and is illegal and void.</p> <p>Id. — Parol Trust — Title of Partnership — Settlement of Accounts. — A parol agreement by such applicant, after having acquired the title to the homestead upon a settlement of his accounts with the partnership, “that the land belonged to the partnership,” does not create any trust, or vest in his partners any estate in the land.</p> <p>Id. — Apparent Title of Decedent — Setting apart of Probate Homestead — Question of Adverse Ownership. — Where a homestead claimant had obtained a United States patent to the land in his own name, giving him the apparent title, and was residing upon it with his family at the time of his death, and it was inventoried and appraised as a part of his estate, the question of adverse ownership of the land by a partnership of which decedent was a member cannot be considered in a proceeding by the widow in the probate court to have the property selected, designated, and set apart as a home for the use of herself and minor child.</p>