Sulzberger v. Sulzberger

Citations

• 50 Cal. 385

Syllabus

<p>Homestead to be Set Apart by Probate Court.—The Probate Court may, after the death of the husband, set apart, out of land which had been his separate estate, a homestead for the surviving widow, notwithstanding that he had disposed of the same by will, and that the wife was one of the residuary legatees, and was nominated and qualified as executrix.</p> <p>Interest op Widow and Surviving Children in Homestead.—The homestead to be set apart for the widow, by the Probate Court, is to be thus set apart in pursuance of the statute in force when the order is made, and the interest which the widow and surviving children tahe in the same is to be determined by the same statute.</p> <p>Waiver op Right to Homestead.—The acceptance by the widow of letters testamentary, and the fact that she was, by the will, made a residuary legatee, do not show that she waived her right to have a homestead set apart by the Probate Court.</p>