Mawson v. Mawson

Citations

• 50 Cal. 539

Syllabus

<p>Betuno apart Homestead by Probate Coubt.—The amendments of 1874, made to the Code of Civil Procedure, do not prevent the Probate Court, in case of the death of the husband, or wife, from setting apart a homestead for the use of the survivor or the minor children, if none had been selected and recorded before the death.</p> <p>Idem.—If such amendments repeal the sections providing for the manner in which the homestead is to he set apart, the court, under section 187 of the Code of Civil Procedure, may adopt a method of doing so.</p> <p>Idem.—Such homestead may he set apart out of the separate estate of the deceased husband.</p> <p>In whom Homestead vests.—If the Probate Court, after the death of the husband, sets apart a homestead out of the separate estate of the decedent, it vests in the surviving wife if there are no minor children; but if the decedent left a minor child or children, one-half vests in the widow, and the other half in the child, or in the children in equal proportions.</p> <p>Idem.—If a homestead he selected while the husband and wife are both living, out of the separate property of either, it vests, on the death of the person from whose property it was selected, in his or her heirs, subject to the power of the court to assign it for a limited period to the. family of the decedent.</p>