Reports of Cases Determined in the Supreme Court of the State of California (Volume 88 ).cCalifornia Supreme Court
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... ESTATES OF DECEASED PERSONS (Continued). the effect of a claim duly allowed, to be paid in due course of administration, and does not give the creditor any further rights, or determine the right of priority over other claims, which must be determined by the probate court when the assets are finally marshaled and the order of payment determined by that court.--Id. 24. Wrxx--Sale Under Power--Rights Of Pretermitted ChilDren Of Testator.--Where a will does not provide for the children of the testator, or show that the omission to do so was intentional, but gives to the testator's wife all of his property, with absolute power to sell any or all of it without application to or approval or authority of any court, a sale of the property by the wife of the debtor, without any previous order of the court therefor, which is not shown to have been necessary for the payment of debts of the decedent, or expenses of administration, although confirmed by the court, does not transfer to the purchaser the title to the land as against the testator's children.--Smith v. Olmstead, 582. 25. Construction Of Code--Operation Of Law--Inheritance Of Pretermitted Children--Effect Of Will.--Under sections 1306 and 1307 of the Civil Code, providing that where a testator omits to provide in his will for any of his children, unless it appears that the omission was intentional, the child succeeds to the same portion of the estate of the testator as he would have received if the testator had died intestate, the child succeeds immediately, by operation of law, to the same portion of the real property as if no will had been made, the testator being regarded as dying intestate as to that portion, and every provision of the will directly or inindirectly attempting to dispose of such portion of...
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