In re Estate of Hale

Citations

• 2 Coffey 191

Syllabus

<p>Community Property.—The Declaration of a Testator in His Will that the property devised is his separate estate cannot be considered as evidence that it is such.</p> <p>Community Property—Products of Foreign Beal Estate.—Where a married man picks orehilla in Mexico from land owned by himself and his copartners and ships the product to market in England, and the returns are remitted to him at a point over one thousand miles from the place of production, these products together with real estate purchased with their proceeds in California are community property.</p> <p>Community Property—Profits of Foreign Land.—The rule that property purchased with the rents and profits of land which is the separate estate of the husband becomes likewise his separate property is restricted to eases where the purchase money is the proceeds of land used in the ordinary manner, and does not extend to cases where the products are shipped to a distant country and used in a business venture.</p> <p>Community Property—Conflict of Laws.—The rents and profits of Mexican land held by a resident of California are subject to the laws of Mexico, and by those laws they are community property.</p> <p>Beal Estate—Conflict of Laws.—Beal estate in Lower California is subject to the Mexican law, even if it belongs to foreigners.</p> <p>Community Property—Conflict of Laws.—Lands Purchased in a community property state with funds derived from real property acquired in a common-law state become the separate property of the husband, even if the funds were acquired in the other state under circumstances which would have made the land from which it was derived community property.</p> <p>Community Property.—Money Borrowed by a Married Man and not secured by his separate property is community property.</p> <p>Wills—Intention of Testator.—It Makes no Difference What Language is Used in a will, if the testator’s intention can be determined it will be sacredly enforced.</p> <p>Wills.—The Intention of a Testator