[In Bank
December 14, 1883.]
ESTATE OF WILLIAM HARLAND, Deceased-MARY HARLAND, Widow, Appellant, ISABELLA L. O’BANNON, Respondent.
Estates of Deceased Persons—Application to Set Aside Homestead—Appeal. — An appeal from a decree denying the application of a widow to have a homestead set aside out of the estate of her deceased husband, must be taken within sixty days after the entry of the decree.
Appeal from a decree of the Superior Court of the county of Tulare, denying an application to set aside a homestead.
The facts are stated in the opinion of the court.
Bennett & Wiggington, for Appellant.
Brown & Baggett; for Respondent.
[MAJORITY — Per Curiam.]
Per Curiam.
On the 26th of December, 1882, the court denied the application of appellant to have a homestead set aside to her out of the estate of her deceased husband. Notice of appeal was filed and served on the 7th day of June, 1883.
We think the appeal should have been taken within sixty days after said order, decree, or judgment was entered. (Code Civ. Proc. § 1715; Estate of Burns, 54 Cal. 223.)
Appeal dismissed.