Estate of Hessler

The widow of Wm. Hessler, deceased, presents three petitions in this matter:

First, that certain land described in her petition, with the dwelling-house thereon and appurtenances, be set apart to her as a homestead.

Second, that an allowance of $500 per month be made to her out of said estate for her support pending the administration.

Third, that she be authorized to erect a monument at a cost to the estate of $5,000, and be reimbursed for money already expended by her in the purchase of a burial lot for said deceased in the sum of $280 more.

The heirs of said deceased other than said widow have interposed objections to the granting of each and all of these petitions.

At the outset it is conceded that each of these matters rests largely in the discretion of the court, but in the exercise of that discretion due consideration should be given to the following facts and circumstances: s

This application for a homestead is made under section 1465 of the Code of Civil Procedure, which provides that the court must select and set apart a homestead out of the common property of the decedent.

In the estate of Ballentine, 45 Cal. 696 (which has been repeatedly affirmed), it is…