Packard v. Arellanes

Citations

• 17 Cal. 525

Syllabus

<p>Upon dissolution of the community by the death of the wife, the husband has the exclusive right, in his capacity of survivor, to administer the common property, and to take possession and dispose of it for the purpose of settling the community. The wife’s interest is not subject to administration under the laws for the settlement of the estates of deceased persons.</p> <p>The interest of the wife in the common property, while the community exists, is a mere expectancy, and after her death her interest constitutes neither a legal nor an equitable estate; and there is nothing for a Probate Court to act upon.</p> <p>If, under the statute, the title of the husband upon the death of the wife is divested as to any portion of the common property, such title passes directly to the descendants of the wife, and they take it subject to be absorbed in payment of community debts.</p> <p>For all purposes connected with the administration of the common property, the debts of the community are to be regarded not as the mere private, individual debts of the husband, but as debts of both husband and wife.</p> <p>Query: How far the common property can be subjected, after the death of the wife, to the payment of the separate debts of the husband.</p> <p>Panaud v. Jones (1 Cal. 488) commented on and approved as to its construction of the words “ debts of the deceased,” in the eleventh section of the Act of 1850, defining the rights of husband and wife.</p> <p>Ho special remedy is provided by our statute for the enforcement of the claims of creditors of the community dissolved by the death of the wife, or the protection of persons interested in its property; but the general powers of Courts are adequate to give relief.</p>