King v. Lagrange

Citations

• 50 Cal. 328

Syllabus

<p>Will of Husband devisino Communitv Pbofebty.—If a married man, by-will, devises his real estate to his wife, and the same is community property, and there is nothing on the face of the will to show that he intends to devise more than the undivided half which is subject to his testamentary disposition, and, after the death of the testator, the executor, under a power of sale in the will, and in ignorance of the law which' allows the wife to inherit one-half of the community property, sells and conveys the right of _ the testator to all the land, and the purchaser, also in ignorance of the law, supposes he is buying the entire property, and the wife, also in ignorance of the law, receives the purchase-money, she does not thereby waive her right to the undivided half of the property which the statute permits her to inherit.</p> <p>Idem.—In such case there is no alternative by which the widow is required to elect whether she will take under the will, or repudiate it and claim her inheritance under the statute.</p> <p>Election ob Ratification.—The essence of either an election or ratification is, that it was done with full knowledge of the party’s right.</p>