Johnston v. Bush

Citations

• 49 Cal. 198

Syllabus

<p>Homestead, tinder the Act of 1851.—The dedication of lend as a homestead, under the Homestead Act of April 21, 1851, did not constitute the husband and wife joint-tenants, with the right of survivorship.</p> <p>Idem.—If the premises were the separate property of either husband or wife, or the common property of both, before they became such homestead, they remained such separate or common property afterward. Termination of Homestead by Death of Wife.—If a homestead, dedicated on common property under the Act of 1851, terminated in 1869, by the death of the wife, her interest in the property immediately vested in her children, who became tenants in common with their father.</p> <p>Idem.—If such homestead claim survived to the husband, as the head of the family, the children were not thereby deprived of their interest in the property which they inherited from their mother, but they held such interest subject to the homestead claim of the father, and when that claim is abandoned by him, or ceases to exist, they are entitled to the immediate possession of their undivided interest in the property. Inheritance of Children in Homestead:—If a husband and wife had dedicated a homestead on common property, under the Act of 1851, and the wife died in 1859, and the husband married a second time, and declared a homestead under the Act of 1860, the children of the first marriage were not, by this declaration of homestead, deprived of the interest in the homestead property which they inherited on the death of their mother.</p> <p>Abandonment of Homestead.—If a husband, who, .as head of a family, is entitled to the homestead dedicated under the Act of 1851 by him and his wife prior to her death, removes from the same and conveys it by deed absolute, these acts amounted to an abandonment of the homestead claim.</p>