· 8/22/1899

McKenzie v. Budd

Citations

  • 125 Cal. 600
  • 58 P. 199
  • 1899 Cal. LEXIS 910

Syllabus

<p>Estates of Deceased Persons—Will—Decree of Distribution to Widow—Execution Sale of Son’s Interest—Void Title.— A decree of distribution of the estate of a deceased person, distributing the whole of the residue of the estate in fee to the widow, unappealed from, is conclusive upon the question that upon his death she was the owner of the whole of his estate; and the sale under execution of the interest of a son under a will purporting to give a life estate to the widow while remaining such, and the residue to his lawful heirs at her death, and the • deed thereof to the purchaser at such sale, pending administration, conveyed no title to the purchaser.</p> <p>Id.—Disteibution of Estate of Widow — Deed of Son—After-Acquired Title.—The deed of the son. pending the administration of his father’s estate, of his interest therein, not purporting to convey title in fee, will not carry an after-acquired title distributed to the son under a decree of distribution of the estate of his mother who, as widow, was the sole distributee in fee of the father’s estate.</p>

Judges: Garoutte

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