Estates of Deceased Persons—Action by Husband Against Wife’s Administratrix—Community Property—Forum.—A separate action in the superior court by a husband to recover community property, consisting of money in the hands of the administratrix of his deceased wife, is brought in the proper forum; and such a case is not the proper subject of litigation in the prohate de- . partment of the superior court, having jurisdiction of her estate.

Id.—Code Provision as to Beal Estate—Personal Property not Included.—Section 1723 of the Code of Civil Procedure giving the probate court jurisdiction to set apart to the husband community real estate, standing in the name of the wife, has no application to community personal property in the wife’s possession at the time of her death, which constitutes no part of her estate.

Id.—Action for Community Money—Deposit by Wife—Claim Against Estate—Money Had and Beceived.—An action by the husband to recover community money, which Was deposited in bank by the wife in her name, and which came to the possession of her administratrix, is not upon a claim against the deceased, nor is it a suit against the estate, but is for money had and received to the use and benefit of the plaintiff.

In.—Presumption of Community Property—Burden of Proof.—Money deposited in bank by the wife after marriage must be presumed, in the absence of evidence to the contrary, to be community property, and the burden of proof is upon her representative to show that it was her separate property, and in so far as such burden is not sustained, the presumption of community character is absolute and conclusive.

Id.—Earnings of Wife.—Money earned by the wife while living with the husband is community property.

Id.—Statute of Limitations—Possession of Wife.—The possession of community property by the wife is the possession of the husband. The right of the husband to its possession does not depend upon its custody by him prior to the wife’s death; and the statute of limitations does not run. against an, action by the husband to recover community money from his wife’s administratrix by reason of the wife’s custody thereof before her death.