Estate of Jolly

This isa contest between the heirs at law of John Jolly and Margaret Jolly, husband and wife, both deceased, as to whether the property, real and personal, ordered distributed, was the separate property of Margaret Jolly or was the community property of John Jolly and his said wife, Margaret. No children were born as the issue of the marriage. The judge of the probate court found that John Jolly died on or about the eleventh day of February, 1912, leaving no estate whatever, and that Margaret Jolly died intestate on April 4, 1922, leaving as her separate estate, the property in controversy, consisting of real property of the value of $9,000 and money in bank and other personal property of the value of about $19,418.90, and accordingly ordered that distribution of the whole of said estate be made to the heirs at law of said Margaret Jolly to the exclusion of the heirs of said predeceased husband, John Jolly. The appeal is taken from that order. It is the claim of appellants that the estate is the community property of said marriage and one-half thereof should be distributed to the heirs at law of John Jolly and the other half to the heirs of Margaret Jolly, as provided by section…