Estate of Hill

"This is an appeal by the heirs of Isabella Hill from the decree and from the order denying their motion for a new trial in a proceeding to determine heirship and distributive rights in the estate of Stephen Hill, deceased. Isabella Hill and Stephen Hill were husband and wife. Stephen Hill died first intestate and without issue. His wife Isabella Hill for a time administered his estate when she too died intestate. The sole matter of controversy is whether a tract of two hundred and thirty-six acres of land left by Stephen Hill is his separate property or the property of the community. The court made full findings of probative facts and then, both in the form of an ultimate finding of fact and in the form of a conclusion of law held the land to be the separate property of Stephen Hill. Appellants introduced evidence to show, and the court found, that in 1864 Stephen Hill, then unmarried, was the sole owner of the property. While still unmarried he executed and delivered to John S. Connick (one of the heirs at law of Isabella Hill) a deed conveying to Connick an undivided one-half of the land; Connick took possession with Hill of the land and remained in the joint occupancy and…

In a proceeding, under section 1664 of the Code of Civil Procedure, to determine heirship in, and rights of succession to, the estate of Stephen Hill, deceased, a judgment was entered declaring that a certain tract of land was the separate property of Stephen Hill and that the remainder of the estate was the community property of Stephen Hill and his wife Isabella Hill, who had died during the administration of Stephen Hill's estate. Both husband and wife had died intestate. The heirs of Isabella Hill were declared entitled to one-half of the separate property and three-fourths of the balance of the estate. Said heirs appeal from the judgment and from an order denying their motion for a new trial. The one point in controversy between the parties is *Page 61 whether the tract of land above referred to was the separate property of Stephen Hill or the property of the community. The findings contain a somewhat full statement of probative facts, and, in addition, declare, both as a finding of fact and as a conclusion of law, that the tract in question was the separate property of Stephen Hill. The probative facts found are as follows: The tract in controversy consists of 236.18 acres…