In re the Estate of Croghan

This is an appeal by certain brothers and sisters, and children of deceased brothers and sisters, of the deceased from an order setting aside absolutely to the surviving wife a certain homestead. There is no attack made on the general validity of the homestead in question. It was the family residence, was not of greater value than five thousand dollars, a proper declaration had been made and recorded, and it was in all respects in law a valid homestead. But the contention of appellants is, that it should have been set apart to the widow only for a limited period, after which it should go by operation of law to the appellants as heirs. The facts upon which this contention arises are these: 1. The said homestead was the separate property of the deceased; and 2. The declaration of homestead was made by the deceased himself. Upon these facts we are clear that the homestead vested absolutely in the widow as survivor, and that the order appealed from was right.

It is impossible for a state of facts to be more completely covered by a statutory provision than are the facts in this case covered by section 1474 of the Code of Civil Procedure. That section provides as follows: “If the…