WELLS FARGO BANK v. TOWN OF WOODSIDE

Docket No. S.F. 24408.

33 Cal.3d 379 (1983)

657 P.2d 819

189 Cal. Rptr. 41

WELLS FARGO BANK, as Trustee, etc, et al., Plaintiffs and Respondents, v. TOWN OF WOODSIDE et al., Defendants and Appellants.

Supreme Court of California.

February 7, 1983.


Attorney(s) appearing for the Case

COUNSEL

Paul B. Smith, Town Attorney, Harold S. Toppel, Deputy Town Attorney, and Atkinson & Farasyn for Defendants and Appellants.

James P. Botz, County Counsel (Sonoma), and Kathleen Farrelly, Deputy County Counsel, as Amici Curiae on behalf of Defendants and Appellants.

Robert A. Biorn, Crist, Crist, Griffiths, Bryant, Schultz & Biorn, Kelly C. Wooster and Brobeck, Phleger & Harrison for Plaintiffs and Respondents.


OPINION

REYNOSO, J.

We are asked to decide whether a local subdivision ordinance which purports to require a surviving widow to obtain local approval of a division of land resulting from her application in the probate court to have a portion of a larger parcel of land set apart from the estate for her as a probate homestead is "in conflict" with the state probate homestead law. We conclude that it is.

The probate court is...

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