Sharp v. Loupe

Citations

• 120 Cal. 89
• 52 P. 134
• 1898 Cal. LEXIS 717

Syllabus

<p>Estates of Deceased Persons—Grant of Power of Sale to Executor— Community Property—Debts and Expenses of Administration—Rights of Widow—Quieting Title.—The interest of the surviving widow in the community property is that of an heir, and her title to one-half thereof is to be administered as part of the estate of her husband, and she is only entitled to one-half of the residue after payment of the debts, family allowance, and charges and expenses of administration; and the testator may confer upon the executor a power of sale of the real estate of the community, and where it appears that a sale was made by the executor under such power for the purpose of paying claims against the estate and expenses of administration, and such sale ivas confirmed by the superior court, the widow cannot maintain an action to quiet title to one-half of the real property so sold, as against the purchaser, or his successor in interest.</p> <p>Id.—Disposition of Community Property—Powers of Executor—Statutory Regulation.—The legislature may give to the husband the right to authorize the executor to sell the community property without first obtaining an order of court. The rignts of inheritance, of testamentary disposition, and of the surviving widow in the community property, and the powers of the executor over the estate of the testator, including those which the statute has authorized the executor to confer upon him, are all matters of statutory regulation, and are such as are given by statute, and the extent to which the legislature has authorized the exercise of powers by the executor is to be determined from a consideration of the entire legislation upon the subject.</p> <p>In.—Construction of Codes—“Community Property”—“Property of Estate”—Power of Sale.—Construing section 1402 of the Civil Code in connection with sections 1016, 1561, and 1562 of the Code of Civil Procedure, the “community property” is to be deemed the “property of the estate” of the husband in respect of which