In re the Estate of Lahiff
Opinion
Lead Opinion
Fox, J.
Catherine Lahiff died testate in November, 1887, leaving a surviving husband, Lawrence Lahiff, but no children. She owned, as her separate property, a lot *152 of land in San Francisco, returned in the inventory as constituting her entire estate, appraised, with the improvements on it, at five thousand dollars. This property had been occupied by herself and her husband, during her lifetime, from the date of their marriage, as their residence and homestead; the lower floor of the building on the front of the lot' being leased out for a carpenter-shop, the upper floor being divided into four rooms suitable for dwelling purposes; the other improvements on the lot consisting of a small building of two rooms in the rear, and a stable, once accessible from the rear of the lot, but at the time of her death inaccessible and unoccupied. By her will she distributed her entire estate in the form of money bequests, devising to her husband six hundred dollars, and no more; making divers other specific bequests, amounting to two thousand six hundred dollars, to other relatives, and eighteen hundred dollars to priests, churches, and charities; and making Father Pendegast residuary legatee. The…