Wickersham v. Comerford

Holding

The court held that a creditor of a decedent's estate may maintain an independent equitable action to set aside a fraudulently procured probate homestead order where the statutory remedies of appeal or motion to vacate are inadequate, and that a valid, executed separation agreement, which divides community property and provides for mutual relinquishment of support and property rights, extinguishes a surviving spouse’s statutory entitlement to a homestead allowance from the decedent’s separate estate.