Estate of Chandler
Chandler v. Chandler
Opinion
lead Opinion
Barnard, J.
Guy B. Chandler died intestate in 1928. His heirs at law and next of kin are a son and daughter by a former marriage, who are appellants in this matter, and his widow, who is administratrix of his estate and respondent herein. A return and report having been filed by a duly appointed inheritance tax appraiser and appraiser for the estate, these appellants filed objections thereto. They also filed a petition for a partial distribution, and in addition objected to the making of a family allowance. The respondent having filed an answer to the petition for partial distribution, upon stipulation of all parties, all of these matters were consolidated and heard together in the trial court. Appellants concede that the respondent is the widow of this decedent and this entire controversy hinges upon the date of their marriage. The respondent sought to prove that she was married to the decedent on November 22, 1909, while the appellants maintain that no such marriage took place until August 30, 1918. The matter in controversy is whether or not the property left by decedent was community property or the separate property of the deceased. The trial court found that the respondent and the said…