Estate op Decedent—Proceedngs to Determine Heirship—Character op Property as Separate or Community—Findings and Evidence.-—-In this proceeding between the heirs of a husband and those of his wife to determine heirship to his estate, the finding that a certain tract of land was his separate property, and not the property of the community, is a finding of fact, not a conclusion of law, and it has sufficient support in the evidence.

Id.—Ownership op Property—Pleading and Finding—Ultimate Fact.—An allegation or finding that a person is the owner of certain property is none the less an allegation or finding of an ultimate fact because the question of ownership depends upon the application of rules of law to the facts shown.

Id.—Community or Separate Property—Allegations and Findings.— The same considerations apply to an averment or finding that certain property owned by a married person is separate or community property. The evidence from which this ultimate fact is determined is not to be set forth in a pleading nor need it be found by the court.

jb.-—Findings — Probative Facts Overcoming Ultimate Facts.— Findings of probative facts can be used to overcome an express finding of the ultimate fact only where the probative facts are inconsistent with the ultimate facts found, or where it appears that the trial court made the alleged finding of the ultimate fact simply as a conclusion from the particular facts found.

[d.—Community or Separate Property—Consistency op Findings.— On this appeal in proceedings between the heirs of a husband and those of his wife to determine heirship to his estate, the probative facts in the finding are not inconsistent with the conclusion that the property was his separate property. There being no finding that the purchase price paid by him for the property was. not his separate property, the appellate court cannot, for the purpose of overthrowing the ultimate finding of the separate character of the property, read into the findings one to the effect that the purchase money was community property.

I'd.—Presumption as to Character op Property as Community—Rebuttal.—Property acquired by a husband during coverture is presumed to be community property, in the absence of a showing that it was acquired by gift, bequest, devise, or descent, or was purchased with his separate property; but this presumption is rebut-table.

Id.—Equitable Considerations—Admissibility to Show Whether Property is Community.—In determining whether the property acquired by a husband was separate or community, regard should be had to his equitable status as purchaser, not simply to the technical mode by which the legal title came to be vested in him.

Id.—Admissions op Wipe—Admissibility to Show Property is Separate.—Sworn statements by the wife in her inventory of her husband’s estate, and in her application for a homestead, that the property was his separate estate are evidence against her successors in interest.

Id.—Judgment Setting Apart Homestead—Conclusiveness as Showing Property Separate.—Where a widow petitions to have a portion of the estate of her deceased husband set apart to her as a homestead, alleging the property to be his separate estate, the decree setting aside the homestead as prayed is binding upon her and her heirs, and estops them from asserting that the property belonged to the community (Department opinion).