Friday, October 5, 2018

On Appeal

Yesterday's post looked into the life of Rosario Hinojosa, first wife of Frank Campuzano, and her tragic death in Los Angeles in 1903. Rosario's half-sister Refugio Rodriguez had challenged the disposition of Rosario's estate, which included some valuable land holdings in Boyle Heights. In 1905, the lower court found in favor of Rosario's husband, Vicente Cigaran. Refugio appealed the case. The California Supreme Court overturned the decision in 1907.
San Francisco Chronicle, 22 Mar 1907.
I looked up the decision on Lexis-Nexis, and thankfully there is more information to view. The case is cited as In re estate of De Cigaran, 150 Cal. 682 (21 Mar 1907). The case turned on the issue of whether the property owned by Rosario was hers before her marriage to Vicente Cigaran. Because the land owned by Rosario was brought into the marriage and was hers, not community property owned by both Rosario and Vicente, the property was subject to Section 1388 of the Civil Code. This meant Refugio inherited the property, as the surviving relative of an illegitimate person. The California Supreme Court cited to the De Cigaran decision as recently as 2001.

The battle over the case continued into 1908, as Vicente sought a retrial after the case returned to the lower court. The value of the estate continued to rise during the legal battle, growing from $12,000 to over $50,000.
LA Herald, 14 Apr 1908.

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