Estate of Muntz

This is an appeal by a judgment creditor from a decree of settlement of a final account and of final distribution.

John Muntz died intestate August 23, 1922, leaving surviving him six children, all of whom were over the age of majority. His wife, Mary Muntz, predeceased him on the twenty-third day of November, 1913, and at that time all his children were over the age of majority. The only prop-' erty left by John Muntz was certain realty occupied as the, family home for a great many years and upon which in July, 1894, a declaration of homestead was duly made by thej said John Muntz, the property selected therefor being thenj the community property of himself and his wife. From the! time of the death of his wife the said John Muntz continued j to live at the home-, but no one was thereafter dependent upon him for support or under his care and maintenance. Plaintiff’s claim is based upon a judgment which was duly entered in her favor against the administratrix based upon an unsecured promissory note. A certified transcript of the I judgment was filed with the adminstratrix and protest based j thereon was made to the petition of the heirs for final dis-! tribution of the estate.…