California Supreme Court, 1885

In re Estate of Luther

In re Estate of Luther
California Supreme Court · Decided August 21, 1885 · Foote
67 Cal. 319; 7 P. 708; 1885 Cal. LEXIS 630

In re Estate of Luther

Opinion of the Court

Foote, C.

Appeal from an order refusing to make a family allowance to the widow and minor children of deceased. A homestead, consisting of 125 acres of farming land, also some personal property, had been set apart to the widow and children. The petition for family allowance did not contain a statement that the proceeds of the farm were insufficient. Therefore we cannot say that the court erred in refusing the allowance, and the order appealed from should be affirmed.

Searls, C., and Belcher, C. C., concurred.

The Court. For the reasons given in the foregoing opinion • the order is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.