Estate of Tompkins

This is an appeal by Beatrice M. Tompkins, widow of Mangle Minthorne Tompkins, from the decree of final distribution of the'estate of the decedent, wherein certain property, which is claimed by the widow to have been community property of the marriage, was adjudged to be separate property, and as such was distributed to the respondents as trustees, pursuant to certain provisions in the will of the deceased creating a trust, under which the widow is one of the beneficiaries.

The appellant makes some minor specifications of error which will be noticed later, but the chief question concerns the true character of the property in controversy.

The widow was duly appointed as executrix of the will, which was admitted to probate on August 25, 1928; and on December 27, 1929, she filed her account, together with a petition for final distribution. In the petition she averred that certain of the personal property of the estate, comprising enumerated stocks and bonds in addition to a sum of money, constituted community property of the marriage; and she prayed that one-half thereof be distributed to her individually. Objections both to the account and the petition were filed by the trustees…