Phelan v. Smith

100 Cal. 158 ·

Supreme Court of California · Filed October 20, 1893

Published · citable Cited by 3

Holding

The court held that a widow's conveyance of her undivided interest in her deceased husband's community property, executed individually and without probate court authorization, was subject to and could not defeat the subsequently established probate homestead right held for the benefit of both the widow and the minor children.

Statutes construed

CCP § 1452
CCP § 1468
CCP § 187
CCP § 1908
CIV § 1384

Cited by (3)

Estate of LEONARD J. LICCARDO, Deceased. KATHLEEN A. LICCARDO, as Executrix, etc., Petitioner and Respondent, v. EDMOND MIRABITO, Objector and Appellant (1991) 232 Cal. App. 3d 962
JOHN M. BOHN et al., Plaintiffs and Appellants, v. CHRISTINE M. SMITH, Defendant and Respondent (1967) 252 Cal. App. 2d 678
Estate of KATHRYN MARLOW HUGHES, Deceased. DANICE DIEMOZ, Petitioner and Respondent, v. BEN G. PATTON, as Administrator, etc., Objector and Appellant; SYLVIA HUGHES, Individually and as Executrix, etc., Claimant and Respondent (1992) 5 Cal. App. 4th 1607