William Hill Co. v. Lawler

Citations

• 5 Cal. Unrep. 410
• 45 P. 847
• 1896 Cal. LEXIS 1112

Syllabus

<p>Probate Proceeding—Effect of Decree Dividing Property.—A decree of the superior court, in a probate proceeding, making division of the property of a testator in accordance with a petition and stipulation of the widow and residuary devisees, filed with the final account of the executors, and without notice to other parties in interest, does not affect the rights of a prior grantee of the widow, by deed conveying her interest in community property, who was not a party to the proceedings, though such decree set off the property in severalty to other devisees. Such a decree can, in any event, extend only to the succession or testamentary rights in the property.</p>