Stone v. Slusser

Appeal by husband of decedent from an order striking his petition to determine heirship and community interest.

Question Presented

Has the superior court, sitting in probate, jurisdiction to hear a petition by a surviving husband to determine community interest?

Record

The will of Doris Stone was duly admitted to probate and respondent appointed executor thereof. The will disposed of decedent’s entire estate to her daughter, Nancy Lee Slusser, and disinherited appellant husband. After the filing of the inventory, appellant filed a petition to determine heirship and community interest. The petition alleged that appellant and decedent were married August 22, 1947, and lived together until November, 1954 (decedent died May 22, 1956). At the time of marriage decedent owned certain real property as her separate property. During the 1947-1954 period decedent received income for personal services. Four thousand dollars of these earnings were disbursed for the benefit of the property, and appellant claimed to be entitled to one-half of that sum as being community funds disbursed for the benefit of the wife’s separate property, and asked the court to determine the amount of the…