In Re Estate of Fulton

This is a controversy involving the right of appellant as the widow of William Forest Fulton, deceased, to have set aside to her a probate homestead and certain exempt property.

A stipulation as to the facts reveals that William Forest Fulton and Louisa J. Fulton were married and lived together for several years in the county of Stanislaus. In 1928 they separated and in 1931 William Forest Fulton brought an action for divorce on the ground of desertion. Louisa J. Fulton appeared and filed a cross-complaint asking for an adjustment of certain property rights. After a trial upon the issues thus presented, an interlocutory decree of divorce was entered in June, 1932. From this interlocutory decree Louisa J. Fulton appealed to the Supreme Court. The cause was argued and submitted but before determination William Forest Fulton died in December, 1933. He left a will which was admitted to probate, disposing of his property and nominating S. G-. Fulton executor.

In May, 1934, the Supreme Court rendered its decision ( 220 Cal. 726 [ 32 Pac. (2d) 634 ]) affirming the judgment of the trial court, and in due time, upon motion of the executor, a year having elapsed since the entry of the…