In re Estate of Vance

California Supreme Court Dec 19, 1893 No. No. 15349Published

Before: Temple

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Holding. The court held that the widow's conveyance of her interest in the estate did not include her right to a probate homestead, as that right does not constitute an interest in the land and the instrument was limited to her legacy and heirship rights.

Issues

Whether a widow's conveyance of her interest in an estate precludes her from subsequently claiming a probate homestead.
Whether the widow's written instrument conveyed her right to a probate homestead.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In re Moore, 57 Cal. 437, it was expressly decided that this right did not constitute an interest in the land.”

“The learned judge of the probate court held that the general language in the first part of the instrument is limited and qualified by what follows, which seems designed solely to define what her interest in the estate was.”

“As the will was not revoked, she has conveyed no interest in the estate.”

Synopsis

Estates of Deceased Persons—Probate Homestead—Conveyance by Widow—Estoppel.—Where the will of a decedent gave to the widow a cash legacy, but no further interest in the estate, a conveyance by her of all her interest in the estate both as legatee under the will and as an heir at law in case the will should be set aside conveys no interest in the land if the will is not set aside, and does not estop her from claiming a probate homestead, the right to which does not constitute any interest in the land.

Id.—Construction of Conveyance.—A conveyance is to be construed in ■ view of all the facts, and general language in the first part of the instrument is limited and qualified by subsequent terms designed solely to define what interest is possessed and granted.

Temple, C. This appeal is from an order setting apart a probate homestead to the widow of deceased.

John Vance died testate, leaving a widow and two sons, issue of a former marriage. There were no minor children.

The will was duly admitted to probate, but, subsequently, S. A. Vance, one of the sons of the testator, inaugurated a contest, and asked that the probate be revoked.

The value of the estate exceeded one million of dollars.

The will gave the widow fifty thousand dollars in cash, but no further interest in the estate.

The grounds of the contest do not appear, nor what part, if any, the widow took in it. Apparently she would have been greatly benefited by having the will defeated. However, while the contest was pending, S. A. Vance paid her fifty thousand dollars, the amount of her legacy, and took from her an instrument in writing, as follows:

“ This indenture, made and entered into this sixteenth day of June, 1892, witnesseth: That I, Phoebe A. Vance, the widow of John Vance, deceased, for and in consideration of the sum of fifty thousand dollars, gold coin, to me in hand paid by Silas Albert Vance, the receipt of which sum is hereby acknowledged, do hereby grant, bargain, sell, qssign, transfer, and convey unto the said Silas Albert Vance, his heirs and assigns, all my right, title, claim, and interest of every kind and nature of, in, and to the real and personal property belonging to the estate of said John Vance, deceased. This is a conveyance of all my right, title, claim, and interest of, in, and to the said estate of said John Vance, deceased, both as a legatee under the last will and testament of said John Vance, deceased, and as a conveyance of all my right, title, claim, and interest of, in, and to said estate of said [427]John Vance, deceased, as the widow and heir at law of said John Vance, deceased, in the event of the last will and testament of said John Vance, deceased, being set aside by the decree of a court of competent jurisdiction.

“In witness whereof I have hereunto set my hand and seal the day and year first above written.”

At the same time both sons of testator, who were beneficiaries under the will, executed to her the following:

“In the superior court of the county of Humboldt, state of California. In the matter of the estate of John Vance, deceased.

In re Estate of Vance

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