In re Estate of Silvey

Citations

• 42 Cal. 210

Syllabus

<p>Half the Common Property Left by Deceased Husband Goes to Widow Absolutely.—Where a husband dies, one half of the common property vests in the surviving wife, unaffected by any testamentary disposition he may have attempted to make of it.</p> <p>Will of Common Property—Widow’s Eights. — Where a husband, having only common property, left a will devising all his estate to his wife for life, and after her death to be equally divided between the children; held, that she was entitled to one half of the property absolutely in her own right, and to a life estate in the other half under the will.</p> <p>Construction of Wills—Devises Affecting Wife’s Half of Common Property.—A purpose by a husband to attempt the disposition by will of the wife’s half of the common property is not to be readily inferred, and especially not where the words employed may have their fair and natural import by applying them only to that moiety of which he has the testamentary disposition.</p>