Note 185 — Chapter XXVIII

Claus Spreckles gave his son Rudolph a large amount of sugar stock which was community property, and Mrs. Spreckles did not join. Afterwards he sued to recover and the Supreme Court, all the Judges concurring, decided the gift was legal. Justice Temple rendered the decision as follows:

"All these differences point to the fact that the husband is absolute owner of the community property. The marital community was not acquired for the purpose of accumulating property, and the husband owes no duty to the community or to the wife, either to labor or accumulate money, or to save or to practice economy to that end. He owes his wife and children suitable maintenance, and if he has sufficient income from his separate estate he need not engage in business, or so live that there can be community property. If he earns more than is sufficient for such maintenance, he violates no legal obligation if he spends the surplus in extravagance or gives it away. The community property may be lost in visionary schemes or in mere whims. Within the law he may live his life, although the community property is dissipated. Of course I am not now speaking of moral obligations."