Estate of Mendes

is an appeal by the guardian of the persons and estates of Albert B. Sequeria and Louis B. Sequeria, minor children of the above-named decedent, from an order of the probate court setting aside a homestead in certain real property in the city of Oakland, California, for the use and benefit of the surviving husband of deceased and said minors. This order was made pursuant to the provisions of section 1465 of the Code of Civil Procedure.

By stipulation the decree setting apart the homestead comprises the record upon appeal. It recites the filing of a petition by the guardian of said minors to have the property involved here set aside to them as a homestead and a petition by A. R. Mendes, surviving husband of deceased and administrator of her estate, to have the same property set apart to him and to said minors, jointly as a homestead. In said decree the court finds the facts to be: That the real property sought to be set aside as a homestead was formerly the community property of M. B. Sequeria, who up to the time of his death on the seventeenth day of March, 1917, was the husband of Maria Mendes, since deceased, and the father of the said minors; that at the time of the death of…