Tom Samuels, Trustee of the Estate of Dominic Michael Delucchi, Bankrupt v. Dominic Michael Delucchi

On September 12, 1958, appellee and his wife, citizens of California, filed a. declaration of homestead in that state. Said declaration contained, among other things, a statement “that we estimate the actual cash value of our interest in said land and premises to be the sum of Five Thousand Dollars ($5000.00).” Subsequently, appellee filed a Petition in Bankruptcy in the District Court for the Northern District of California. On June 18, 1959, appellant, the Trustee in Bankruptcy, filed his report of Exempt Property, which omitted the homestead. Appellee filed an objection to this omission and a hearing thereon was held on July 7, 1959. On October 14,1959, the Referee in Bankruptcy entered an order overruling appellee’s objection on the ground that the declaration of homestead did not. comply with the requirements of California law. Section 1263, subd. 4, of the Civil Code of the State of California requires that a declaration of homestead contain, as to' the premises, “an estimate of their actual cash value”. The Referee held that this requirement was not met by appellee’s statement in the declaration that “the actual cash value of our interest in said land and premises” is…