Estate of Wahlefeld

H. Otto Wahlefeld died intestate on the first day of September, 1927, leaving him surviving as his only heirs at law his mother, Wilhelmine Wahlefeld, and his wife, Lillian Wahlefeld. The mother died in Au gust, 1928, testate, bequeathing her estate to appellants herein, her son and daughter, Paul Wahlefeld and Mimi Wulf. The respondent presented her report as administratrix of the estate of H. Otto Wahlefeld and a petition for final distribution. The estate was appraised at $13,441.91. A demurrer was overruled and thereupon appellants filed an answer. The court made an order distributing the whole of the estate to the widow.

Appellants first contend that the general and special demurrers should have been sustained. The special demurrer raised points of uncertainty, ambiguity, etc., but the petition was sufficient to proceed to a hearing. The general demurrer raised the main point in dispute in this proceeding, namely, was the property the separate property of H. Otto Wahlefeld or the community property of Wahlefeld and his wife, the respondent herein ? The same question is raised on the final order and we may, therefore, save time by passing this point for the…