Smith v. Olmstead

Citations

• 88 Cal. 582
• 12 L.R.A. 46
• 26 P. 521
• 1891 Cal. LEXIS 738

Syllabus

<p>Estates of Decedents—Will — Sale under Power—Bights of Pretermitted Children of Testator. — Where a will does not provide for the children of the testator, or show that the omission to do so was intentional, hut gives to the testator’s wife all of his property, with absolute power to sell any or all of it without application to or approval or authority of any court, a sale of the property by the wife of the testator, without any previous order of the court therefor, which is not shown to have been necessary for the payment of debts of the decedent, or expenses of administration, although Confirmed by the court, does not transfer to the purchaser the title to the land as against the testator’s children.</p> <p>Id. —■ Construction of Code — Operation of Law — Inheritance of Pretermitted Children — Effect of Will.—Under sections 1306 and 1307 of the Civil Code, providing that where a testator omits to provide in his will for any of his children, unless it appears that the omission was intentional, the child succeeds to the same portion of the estate of the testator as he would have received if the testator had died intestate, the child succeeds immediately, by operation of law, to the same portion of the real property as if no will had been made, the testator being regarded as dying intestate as to that portion, and every provision of the will directly or indirectly attempting to dispose oí such portion o£ the estate, except for the discharge of the decedent’s debts or other charges o£ administration, is inoperative as against the child.</p>