Estate of Henderson

On July 26, 1931, F. W. Henderson died testate, leaving him surviving his wife, Feme A. Henderson, and a son, the offspring of a former marriage.

By his will he appointed his son executor and residuary legatee of a considerable estate. Referring to his wife in his will he said “To Feme A. Henderson, my wife, I give ' nothing for the reason that she is already provided for and has sufficient for her needs.”

Included in his estate were two pieces of real property, one an eighty-acre alfalfa and dairy ranch, appraised at $12,000 and hereafter referred to as the Lingard property, and the other a house and lot in the city of Atwater, appraised at $2,300.

The widow filed a petition asking the court to set aside to her as a homestead the Lingard property, but this the court refused to do and in lieu thereof set aside as a homestead the Atwater place. She being dissatisfied with the order, has appealed therefrom.

The petitioner, who is the appellant herein, concedes the Lingard property was separate property of her husband, it having been acquired by him many years before his marriage to appellant but was, by agreement, so appellant claims, transmuted into community property; as to…