Pillsbury v. Title Insurance & Trust Co.

Citations

• 175 Cal. 454

Syllabus

<p>Estates op Deceased Persons—Exempt Property—Proceeds op Pipe Insurance—'Claim op Exemption a Personal Privilege and not a Bight.—Neither section 690, subdivision 18, of the Code of Civil Procedure, relating to exemptions from execution, nor section 1466 of the same code, relating to setting apart exempt property for the use of the family, operates ex proprio vigore. The right' to have exempt property set apart in probate is not a vested right, but a personal privilege that may be waived by failure to claim it in time, or may be lost by change in the status of the person otherwise entitled to claim the right.</p> <p>Id.—Minor Children—Adoption—Bight to Exemption Lost by Adoption Into Another Eamily.—Minor children of a decedent adopted by third persons after the death of their parent and before application to set' apart exempt property, cease to be members of. the decedent’s family and lose their right to exemption.</p> <p>Id.—Status of Such Minors as Heirs Unaffected.—The status of such children as heirs of a deceased parent is, however, not affected by such adoption.</p> <p>Id.—Judgment—Action for Tort—Entering Judgment Nunc Pro Tunc After Death of Defendant.—Where the defendant in an action for damages against a physician for malpractice died after the case had been tried before the court and submitted for decision, a judgment against him entered by order of the court nimc pro tunc, as of the day of the submission of the cause for determination, was a valid judgment and properly allowed as a claim against his estate in probate.</p>