Homestead—DECLARATiqN by Wipe upon Her Separate Property— Title Vests in Surviving Husband.—A homestead declared by a wife upon her separate property vests absolutely in the husband upon her death.

Id.—Probate Law—Election op Heirs.—Where property to which one may have a valid claim (as in the case of community property, a surviving wife), is disposed of by will in violation of those rights, while at the same time other property, to which the claimant would not be entitled, is devised to that claimant, an election is forced. The claimant cannot at the same time take the benefits under the will and repudiate the losses. Such a person must either accept the terms of the will in toto or reject them in toto. But this rule fails utterly of applicability in a case where the only estate which the wife possessed, that is, a homestead, vested without administration absolutely in the husband by operation of law upon her death.

Id.—Decree op Distribution—Husband’s Bight not Appected by.— In such a case a decree of distribution distributing to the husband a life estate in the property with the remainder over in undivided shares to the decedent’s children could not' operate to divest the husband’s rights in the property.

Id.—Administration op Estate by Husband—When Husband not Estopped by Decree op Distribution.—In such a case the husband of the decedent who was named as the executor of her estate and caused the will to be probated and administration under the will to be had upon the estate, is not estopped by reason of the error in the decree of distribution by which the property was treated as being within the disposing power of the will, even though he invited the error, and whether it arose from forgetfulness of the fact of the homestead declaration or from ignorance of the rights with which the law clothed him by virtue of the homestead declaration and his wife’s death, where the error did not benefit him nor injure the children, the children’s position not being changed or affected, and they losing nothing by his conduct' and he gaining nothing by it.