Cummings v. Chevrier (1858) · DecisionDepot

Cummings v. Chevrier

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1858Published

Before: Terry

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Holding. A surviving spouse is not entitled to the entirety of common property without affirmative proof that the deceased left no descendants.

Issues

Whether a surviving spouse is entitled to the whole common property without proof regarding the existence of descendants.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“In order to entitle a surviving husband or wife to the whole common property, it must be affirmatively shown that there are no descendants of the deceased.”

Synopsis

In order to entitle a surviving husband or wife to the whole common property, it must be affirmatively shown that there are no descendants of the deceased.

Terry, C. J., delivered the opinion of the Court Baldwin, J., and Field, J., concurring.

The Court below erred in entering the order appealed from, upon the allegations and proofs before it.

In order to entitle a surviving husband or wife to the whole common property, it must be affirmatively shown that there are no descendants of the deceased. (§ 10 of Law concerning Husband and Wife, Wood’s Digest, 488.)

Judgment reversed, and cause remanded.

Cummings v. Chevrier, (No. 2.)—Reversed and remanded, for the reason stated in the opinion in Cummings v. Chevrier, (No. 1.)

Terry, C. J.

We concur: Baldwin, J.,

Field, J.

Cummings v. Chevrier

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