Killian

Plaintiff is the surviving husband of Lucy W. Killian and defendants are the children of the marriage, the eldest son being the administrator of' the estate of his deceased mother. Two of said defendants, Howard S. and Oliver C. Killian, are minors and appear by their duly appointed guardian ad litem. In form the action is one to quiet title to real estate, the purpose thereof being to have three certain tracts of land the title to which, at the time of her death, stood of record in the name of Lucy W. Killian, adjudged and declared community property of plaintiff and his deceased wife, and that as such it passed to him as surviving husband of deceased.

The case as tried was upon the issue joined by the allegations of the complaint and answer thereto of the minor chil dren, the two adult sons by their answer, in effect, admitting the allegations of the complaint. Judgment went for defendants, from which, and an order denying his motion for a new trial, plaintiff prosecutes this appeal.

The complaint contains a description of the property and alleges: “That said several tracts of property hereinbefore described were, for the convenience and accommodation of said plaintiff and…