Rich v. Tubbs

Citations

• 41 Cal. 34

Syllabus

<p>Sepaeate Pbopebty ob Wibe.—If the husband purchases real estate with the separate property of the wife, but takes the conveyance to himself, the land thus purchased is also the separate property of the wife, as between the husband and the wife.</p> <p>Homestead—Title to—Pkobate Oottet.—The Probate Court, in setting apart for the use of the family of the deceased husband or wife property which had'been dedicated as a homestead under the Homestead Act, does not change or transfer the title; nor does it adjudicate the question of title.</p> <p>Idem.—The purpose and effect of an order of the Probate Court, setting apart such homestead, is, that the property he relieved from administration, and that it does not constitute- assets of the estate of the deceased.</p> <p>IraEBiTAnoE oB Homestead.—Under the fourth section of the Homestead Act of 1860 the legitimate children are entitled to take an interest in the homestead upon the death of either the husband or wife.</p> <p>Idem.—Since the passage of the Homestead Act of 1862 the children of the deceased husband or wife do not inherit any interest in the homestead, hut the same vests absolutely in the surviving husband or wife.</p> <p>Híheeitaiíce.—The inheritance is regulated by the law in force at the time of the death.</p>