In re Gordon's Estate

The trustee refused to set aside certain real property claimed by the bankrupt as a homestead.

The referee certifies the evidence to be that the husband testified that the property in question was purchased with community funds of the bankrupt and his wife, but that when so purchased the deed conveyed the title to the husband and wife as joint tenants with the right of survivorship; that in causing the deed to be so executed, the bankrupt had no intention of changing the community character of the property or of making a gift of. any part of it to his wife, and that the title was so taken only for the purpose of convenience; that at the time tho deed was made, the bankrupt was absent from home a great deal on business and was of the opinion that by taking the deed in the form mentioned his wife would he enabled to “better manage the property” in his absence. Further, that the wife testified that she did not claim any of the property separate. The property had stood in the names of the two people from the time it was purchased, under the form of deed referred to. The referee certifies further that it was stipulated that the declaration of homestead when filed was in due foim and…