In re Estate of Headen

Citations

• 52 Cal. 294
• 1877 Cal. LEXIS 100

Syllabus

<p>Homestead, Ihheritaijce oe.— If a declaration of homestead was filed on the separate property of one of the spouses while sec 1265 of the Civil Code was in force, and before it was amended, the surviving husband or wife takes the title to the homestead as surviving joint tenant, and not by descent, even if the other spouse dies after the amendment of 1874, which limited the title of the survivor.</p>