In re Estate of Kimberly

Citations

• 97 Cal. 281
• 32 P. 234
• 1893 Cal. LEXIS 531

Syllabus

<p>Estates of Deceased Persons — Setting aside Homestead — Adverse Title__Upon an application to set aside a homestead for the widow and minor children of a decedent out of property claimed to belong to the estate, and inventoried as such, the question of the validity of an adverse title claimed by contestants to an undivided interest in the property sought to be set apart is one not proper to be litigated, and it is error for the court to refuse to set aside the homestead.</p> <p>Id.—Litigation of Adverse Title. — Whether the contestants acquired an interest in the property described in the petition for homestead under foreclosure proceedings, can only be determined in an appropriate action brought for that purpose, and not in the proceeding to set aside the . homestead in the probate court.</p>