Beemer

Plaintiffs, respectively, are the administratrix of the estate and the surviving wife of Bert Boher, deceased. They joined in bringing this action to recover certain funds in the possession of defendants, alleging that the same were community assets and that upon the death of the decedent, who died intestate, his surviving wife Sarah Roher became the absolute owner of the whole thereof subject to the right of possession thereof by said administratrix for administration purposes. The cause was submitted to the trial court for decision on an agreed statement of facts and decided in favor of plaintiffs. Besides decreeing that the said Sarah Roher was the absolute owner of the whole of said funds subject to the right to possession thereof by the administratrix for administration purposes, the judgment directed the defendants to pay the same “forthwith” to said administratrix for such purpose. The appeal defendants have taken from said judgment presents three main questions for determination: namely, whether the stipulated facts are legally sufficient to sustain the trial court’s conclusion that the funds in dispute are community property; if so, whether the surviving wife is entitled…