In re Estate of Hamilton

IN THE MATTER OF THE ESTATE OF HUGH HAMILTON

In re Estate of Hamilton, 6 P. 493 (Cal. 1885)

Court: California Supreme Court · State Highest Courts
Decided: April 9, 1885
Docket: No. 9,972
Citations: 6 P. 49366 Cal. 5761885 Cal. LEXIS 506

Syllabus

Estate of Deceased Person—Maintenance of Widow—Effect of Second Marriage .—When a widow marries again, she is no longer entitled to an allowance for her maintenance out of the estate of her deceased husband, and an order of allowance theretofore made terminates upon her re-marriage without further order of the court.

Summary

Appeal from certain orders of the Superior Court of Tulare County settling an administrator’s account. The facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Court

When Mrs. Hamilton, widow of the deceased, became the wife of Mr. Dale, she was no longer the widow of the deceased, and was no longer entitled to have maintenance out of the estate as such. The order of allowance to her, there *577 tofore made, terminated at her second marriage, without the further order of the court. There are no minor children, and therefore no question as to the maintenance of such children. Doubtless the court below can, upon final distribution, treat as advances to Mrs. Dale the amounts improperly paid to her, and have the same deducted from her distributive share.

The orders appealed from are affirmed.

Hearing in Bank denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

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Relies on it most ⓘ

Estate of Murphy225 Cal. App. 2d 224 (1964)
Murphy v. Wells Fargo Bank225 Cal. App. 2d 224 (1964)
Estate of Edward A. Cunha, Deceased, Bank of America, National Trust and Savings Association v. Commissioner of Internal Revenue279 F.2d 292 (9th Cir. 1960)
Estate of Blair269 P.2d 612 (Cal. 1954)
Estate of Rensenhouse v. Commissioner31 T.C. 818 (Tax Ct. 1959)
In re Estate of Treat121 P. 1003 (Cal. 1912)

Most recent

Estate of Murphy225 Cal. App. 2d 224 (1964)
Murphy v. Wells Fargo Bank225 Cal. App. 2d 224 (1964)
Jackson v. United States317 F.2d 821 (9th Cir. 1963)
United States Nat. Bank of Portland v. United States188 F. Supp. 332 (D. Or. 1960)
Estate of Edward A. Cunha, Deceased, Bank of America, National Trust and Savings Association v. Commissioner of Internal Revenue279 F.2d 292 (9th Cir. 1960)
Estate of Rensenhouse v. Commissioner31 T.C. 818 (Tax Ct. 1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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