Watson v. His Creditors

Citations

• 58 Cal. 556
• 1881 Cal. LEXIS 266

Syllabus

<p>Homestead—Succession.—Under section 4 of the Homestead Act of 1862, the homestead selected by the husband and wife, or either of them, upon the death of either, vests absolutely in the survivor and is subject to his debt subsequently contracted.</p> <p>Id.—Id.—The fact that the Probate Court, after the death of the wife, sets the property apart as a homestead for the benefit of the surviving husband and children does not affect the question. The purpose and effect of ,the order is merely to relieve the property from administration, and it does not affect the title.</p>