In re Estate of Lamoureux
Opinion
lead Opinion
In the Superior Court of the State of California
In and for the County of Alameda.
Decision No. 27577. Dept. No. 4,
In the matter of the estate of Artel Lamoureux, deceased.
This matter comes before the Court on petition of the widow of the deceased to have the entire estate set aside to her under Section 1469 C. C. P. The net value of the estate, after making the deductions permitted by the section, exceeds $1500, but is not more than $2500. The deceased died prior to the going into effect of the amendment of 1921 (July 29, 1921) increasing the value of the estate to be set aside from $1500 to $2500. The widow has not since remarried.
The question therefore arises: Is the amendment increasing the value of the estate that may be set ¡aside applicable to cases where the decedent died before July 29th, 1921?
*103 There seems to be no decision of our Supreme Court or Court of Appeals directly in point.
All problems of statutory construction resolve themselves into questions of legislative intent, that intent to be determined by the application of certain guiding \iules. Two of these rules bear upon the question here involved:
<1) No law shall be interpreted so as to aifeet…