Keyes v. Cyrus

Citations

• 100 Cal. 322
• 34 P. 722
• 1893 Cal. LEXIS 790

Syllabus

<p>Estates of Deceased Persons—Probate Homestead—Exemption from Forced Sale—Debts of Widow.—A homestead set apart to the widow of a decedent by the probate court, under the provisions of section 1405 of the Code of Civil Procedure, is exempt from forced sale for her debts contracted previous to the death of her husband as well as for his debts.</p> <p>Id.—Object of Homestead Law.-—The object of the homestead law is to protect the family in the right to preserve their home, and it will be assumed that any legislation upon the subject of the homestead is intended for its protection, and that when the legislature has made provision for setting apart a homestead out of the property of a decedent, it was its intention that it should be exempt from forced sale.</p> <p>Id.—Remedial Statutes—Liberal Construction.—Homestead statutes being remedial in their nature are to he construed liberally and in favor of carrying out the manifest purpose of the legislature, rather than that their operation be restricted to the strict letter in which they are framed.</p> <p>Id.—Construction of Codes. —Section 1240 of the Civil Code, which declares that “the homestead is exempt from execution or forced sale, except as in this title provided,” is not in terms limited to the homestead selected by the parties, hut applies to every homestead, whether selected and recorded by the voluntary act of the parties or by an order of the probate court under the provisions of section 1465 of the Code of Civil Procedure.</p>