In re Estate of Winslow

Robert B. Winslow and his wife Emily resided on a lot of land, which was community property, in the city of Sacramento; in the year 1890 the wife declared a homestead on the land in manner conformable to the statute. - On May 28., 1895, said married parties jointly executed a written instrument reciting that differences had arisen between them, that *93 they desired to adjust the same and also their property rights without resort to the courts, and that they had agreed upon a division of their property, particularly described, in accordance with the provisions of such instrument; the property described included the said lot of land, which was referred to as the residence of the parties, and was the only real estate mentioned; it was then declared in said instrument that the said property “is hereby equally divided between the parties; and inasmuch as the said real estate is incapable of partition, it is further agreed that the whole of the aforesaid property, both real and personal, is of the value of four thousand seven hundred dollars,” and in consideration of the premises and of the sum of two thousand three hundred and fifty dollars, one-half the said value, to her paid, the…