Estate of Fingland

This is an appeal from an order and decree of distribution. The controversy is between the heirs of Sarah Edna Fingland, deceased, and the heirs of John Fingland, her predeceased spouse. The dispute involves the character of the property owned or held by Sarah Edna Fingland at the time of her death.

John Fingland and Sarah were married in 1901 and lived together until the death of John on or about April 9, 1923. There were no children. The heirs of the wife, to whom the decree appealed from awards her estate, are her brothers, sisters and the son of a deceased sister. The heirs of the husband, claiming a one-half of the estate are his brothers and a sister. It is admitted by all parties that the entire estate was originally the community property of John and Sarah Fingland, the fact being that the accumulated assets represented the earnings of the husband.

These earnings were placed in a savings bank at Woodland, where the parties resided for a number of years. From the record before us the first definite evidence with this bank account appears as of the year 1912. On March 21, 1912, wo find evidence of the deposit and on the ledger sheet of the bank we find the notation: “This…