gno.law

Estate of Pickard

California Supreme Court · S.F. No. 7068. · 1915-01-25 · Published · 146 P. 425 · 169 Cal. 162 · 1915 Cal. LEXIS 479

In the Matter of the Estate of Orson L. Pickard

Proceeding
appeal from an order
Trial court
Superior Court of the City and County of San Francisco setting apart a homestead to the widow of a deceased person
Trial judge
Thomas F. Graham
Outcome
affirmed — The order is affirmed.
Area
probate
Panel
Lucien Shaw (author), William P. Lawlor, M. C. Sloss, delivered the opinion of the court

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

This is an appeal from an order setting apart a homestead to the widow of the decedent.

So far as the character of the property and its suitability for a homestead are concerned, the case cannot be distinguished from the cases of Heathman v. Holmes, 94 Cal. 291, [29 P. 404],Estate of Levy, 141 Cal. 646, [75 P. 317], and McKay v.Gesford, 163 Cal. 243, [Ann. Cas. 1913E, 1253, 41 L.R.A. (N.S.) 303, 124 P. 1016]. The decision of the lower court is sustained on that point on the authority of those cases.

In regard to the proposition that it is community property, that, of course, is a matter of evidence, the presumption being, to start with, that it was community property. Taking the evidence as a whole, there is enough to sustain the finding of the lower court that it was community property. That being the case, the court was justified in setting it apart in fee as a homestead.

The order is affirmed.

Cites, in this corpus

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