In re Estate of James

Citations

• 23 Cal. 415

Syllabus

<p>By the amendment to the Homestead Act of 1860, it seems to have been the intention of the Legislature, that the homestead, upon the death of either husband or wife, should descend to and vest absolutely in the survivor. But whether the act should receive this construction, or whether the homestead, upon the death of either husband or wife, descends to the survivor and the children, heirs of the deceased, and should be partitioned between them, are questions which the Probate Court has no. jurisdiction to determine. The District Court of the county where the homestead is situated, is the only proper tribunal to hear and determine these questions.</p>