Estate of Boselly

T his is an appeal from an order denying the petition of the widow of the decedent for distribution to her of her share of what she alleges to be the community property of her husband’s estate. The answer filed to the petition by a daughter of the decedent by a former marriage denied that the whole or any part of the estate of the decedent was community property and alleged that the whole thereof was her father’s separate estate, setting up specifically and in detail the circumstances under which the said property had been acquired. The court, after a hearing, found that the facts as thus alleged in the answer were true, and as a conclusion of law from such findings of fact found that the whole of the decedent’s property was his separate estate. The facts as thus alleged in the answer and found by the' court to be true are as follows:

The only portion of the foregoing findings with which the appellant disagrees upon this appeal is embraced in the closing paragraph thereof to the effect “that all of the property which said Frederic James Boselly died possessed of . . . was acquired by said Frederic James Boselly during the time that he resided outside of the state of California…