Estate of Wrenn

This is an appeal by the executor of the estate of John Quincy Wrenn, deceased, from a judgment selecting, designating and setting apart a probate homestead for two certain minor children of the decedent.

The proceeding is founded on section 1465 of the Code of Civil Procedure, which, among other things, provides for the setting apart, under certain indicated circumstances, of a homestead for the use of the minor children, out of the common property, or if there be no common property, then out of the real estate belonging to the deceased.

The facts are: The deceased, who was a retired physician, was a resident of Placerville, California, for many years prior to his death on January 14, 1921. He was twice married. By his first wife, Elizabeth K. Wrenn, he had two children, Florence and Joseph T. Wrenn, of whom the latter alone was living at the time of the filing of the petition herein on the thirteenth day of August, 1921, the daughter, Florence, having died prior to said time.

On the seventeenth day of February, 1892, and during the life of his first wife and while they were living together as husband and wife, the deceased filed in the recorder’s office of the county of El…