Estate of Breitter

This is an appeal by Louise Breitter from orders of the superior court in the matter of the estate of Hugo Breitter, denying her application to have the estate of said deceased set aside to her under section 1469 of the Code of Civil Procedure, and denying her application for a family allowance for herself and her minor child.

The decedent, in his lifetime, had been the husband of Louise Breitter, and there was a minor son, the issue of said marriage, at the time the orders appealed from were made. However, on January 25, 1923, the wife was granted an interlocutory decree of divorce from the husband. In said decree the community property was divided as follows: Six hundred dollars was granted to the husband, as and for his separate property, and the balance of the community property, including the household furniture, was awarded to the wife. The care and custody of the minor son was awarded to the wife, and the husband was ordered to pay to her thirty dollars each month for the support of said child. Hugo Breitter died, testate, upon June 27, 1923, leaving all his property to said minor son and to an adult daughter by a former marriage, share and share alike. The will was duly…