Estate of Clark

This is an appeal from a judgment of the superior court of San Diego County, rendered on the twenty-sixth day of October, 1927, by which a large part of the estate of the decedent, Dillard H. Clark, was distributed under the terms of his will, as separate property, to his two children, Dillard H. Clark, Jr., and Alice Clark Myers, petitioners there and respondents herein.

The appeal is upon the judgment-roll and presents to this court the question whether the said judgment is supported and warranted by the findings.

The question for decision is, whether certain moneys and property in the estate were community property, or were the separate property of the decedent.

The question arose in the trial court upon the petition of the children for partial distribution of the estate under the will, and the answer or response of the widow, the latter alleging that a large part of the estate belonged to the community, and that she was entitled to one-half of all such community property.

The findings of fact were substantially as follows: The decedent, Dillard H. Clark, a major on the retired list of the United States army, was by his first marriage the father of three children, Edwin…