Estate of Hoegler

Boornazian, King & Schulze, James T. Kennedy, Ropers, Majeski, Kohn, Bentley & Wagner and John M. Rubens for Objectors and Respondents.

OPINION

GOOD, J. [*]

Thea Ruth Hoegler (Ruth post ) died intestate and childless in 1975. She was the only child of Joseph and Frances Hoegler, who were wed in 1913. Neither Joseph nor Frances had property or money at the time and did not thereafter acquire anything by gift, devise or descent. Joseph had two children by a prior marriage, Richard Hoegler and Alice Graham, respondents herein. Joseph died intestate in 1959. By that time substantial assets had been accumulated but with the exception of a residential property in joint tenancy, all assets were held in the individual name of one or the other spouse. Frances was appointed administratrix of Joseph's estate but inventoried only the assets which stood in his name. There was no reference to Joseph's possible community interest in assets held in Frances' name. The decree of distribution determined that the entire estate was community property and the whole thereof was distributed to Frances.

Prior to distribution, Richard filed a petition which asserted that the estate was Joseph's…