Estate of Sill

Respondent, the surviving widow of the deceased, petitioned for an order setting apart a probate homestead claiming that the property was community property. Appellant, a daughter of the deceased by a former marriage, filed her written objections denying that the property was community property. Upon the hearing the, trial court found that the property was community property and ordered that it be set apart as a homestead for the use of respondent and that said property should belong to said respondent. Appellant appeals from said order.

The sole contention made on this appeal is that the evidence was insufficient to support the finding that the property was community property. In our opinion this contention is without merit.

Respondent and the deceased were married in 1909. Each had been married previously and each had children by such former marriage. It appears that both respondent and the deceased had some property at the time of their marriage and that each thereafter kept a separate bank account. The deceased was a police officer and continued as such until 1913, when he was retired. His only income thereafter was from the rentals from his separate property in Oakland and…