Estate of Anderson

Lillian Anderson, wife of Adolph H. Anderson, died intestate in 1938 and left surviving her, her husband, and appellants, a brother, sister, and two daughters of a deceased brother. At the time of her death she owned property standing in her name in San Diego County. It had been formerly held in joint tenancy with her husband. In 1928 he deeded all of his interest to his wife. Her estate was probated. She also owned an interest in farm property in Iowa.

Appellants, in consideration of Mr. Anderson selling to them or giving up any interest he had in the Iowa property plus $1,000, agreed to sell to him or to make no claim to her estate in San Diego. To effect this agreement appellants assigned to Mr. Anderson all their interest in her estate and in her personal property. They also executed a quitclaim deed of the San Diego real property to him, which was duly recorded. The assignment was filed in the probate proceedings in Mrs. Anderson’s estate and the court distributed the whole of the San Diego estate to Mr. Anderson and made a finding that such property was the community property of Mr. and Mrs. Anderson.

Mr. Anderson died on October 16, 1955, and his estate is being…