Schadt v. Heppe

Citations

• 45 Cal. 433

Syllabus

<p>Setting Apart Homestead tor Family Use.—When, after the death of the husband, the premises constituting the family residence are set apart by the Probate Court for the use of the widow and family, they cease to be a part of the assets of the estate, and are no longer subject to the control of the administrator or Probate Court.</p> <p>Foreclosure ot Mortgage Against Estate.—When the family residence, which has been mortgaged before the husband’s death, is set apart after his death, by the Probate Court, for the use of the widow and family, the administrator of the estate is not a necessary party to the foreclosure of the mortgage, provided no personal claim is made against the estate. Presenting Mortgage Claim to Administrator.—When the family residence, the common property of the husband and wife, is mortgaged, and the husband afterward dies and the premises are then set apart by the Probate Court, for the use of the widow and family, it is not necessary to present the mortgage claim to the administrator for allowance, before suit to enforce it, provided no claim is made against the assets of the estate for a deficiency.</p>