Estate of Caswell

This appeal is from certain portions of the decree of distribution rendered by the court in the Estate of W. H. Caswell, Deceased, wherein certain of the assets of said estate were held to-be the separate property of decedent.

By said decree one-half of the assets so decreed to be separate property of deceased was ordered distributed to respondent and Maud Caswell, brother and sister of deceased, and the other half to appellant, the surviving wife of deceased. Appellant, who is the administratrix of said estate and who petitioned the court to order the distribution of the assets of said" estate, contends that all of the assets of said estate are community property and that as the surviving wife of deceased she is entitled to have the whole thereof distributed to her.

It appears from the evidence that appellant and deceased were married on February 11, 1911, and that his death occurred on December 1, 1926. At the date of said marriage deceased owned an inchoate right to a half interest in a certain billboard advertising business known as the Caswell Company, which interest arose in the following manner:

W. A. Caswell died April 28, 1914, and by his will he bequeathed to his said…