In re Estate of Noah

Citations

• 88 Cal. 468
• 26 P. 361
• 1891 Cal. LEXIS 716

Syllabus

<p>Husband and Wife — Agreement for Separation — Estate of Deceased Husband — Right of Wife to Family Allowance.—A wife who has voluntarily entered into a valid agreement with her husband for separation, whereby, in consideration of certain money paid, she waived all other claims upon her husband, and has voluntarily continued to live apart from him, without any attempt to set aside the agreement, or to assume again their matrimonial relations, or to demand further means for her separate support, ceases to be a member of the immediate family of the husband, and upon his death is not entitled to a family allowance out of his estate.</p> <p>Id.—Concealment of Husband’s Estate—Distribution—Discharge of Executors — Petition of Wife to Vacate Orders — Appeal — Party Aggrieved. —The wife thus separated from her husband is not a “party aggrieved” by the action of the court in refusing, upon her petition, to arrest all proceedings and to vacate its order of distribution and discharge of the executors, though her petition state under oath that a large part of the deceased husband’s estate had been concealed and withheld from administration, and she has no right to appeal from the order refusing to grant her petition.</p>