Estate of Donohoe

tem .Appellants are the heirs of Thomas Donohoe, deceased, and respondents are the heirs of Annie Donohoe, deceased. Thomas and Annie Donohoe were married on October 29, 1881, and continued to live together as husband and wife until May 21, 1924, when Thomas Donohoe died intestate. No administration upon his estate was ever had. Annie Donohoe died intestate on April 22, 1929. An administration was had upon her estate which resulted in the present contest.

The administrator filed his account showing that said estate was ready for distribution. Thereupon the heirs of Annie Donohoe filed their petition to have said estate distributed to them, alleging that the whole of said estate was the separate property of Annie Donohoe. The heirs of Thomas Donohoe also filed a petition setting forth that the whole of said estate, except a small piece of real estate which they concede was the separate property of Annie Donohoe, was the community property of said spouses, and asking that distribution of one-half of said community property be made to them.

The trial court rendered a judgment in favor of respondents, holding that the whole of said estate was the separate property of Annie Donohoe,…