Appeal from the Probate Court of Yuba County.

The deceased, Robert B. Buchanan, died in June, 1855, leaving property, real and personal; some of the real estate having been acquired before, and a portion after, -April, 1850. The property, both real and personal, was acquired during marriage. At the time of his death, ho left a widow, but no children. A posthumous child of the deceased was born in January, 1856. The deceased left a will, by which he bequeathed a portion of his property to his wife, and the remainder to his relations. Ho provision was made in reference to the posthumous child. The widow refused to take the legacy under the will, but claimed, before the Probate Court, one-half the community property, after the payment of the testator's debts. The Court made a decree allowing her one-half the property acquired after the seventeenth of April, 1850, but held the property acquired previous to that time, as subject to the disposition of the husband.

The decree further allowed the child the one-half of the real property left by the deceased, after paying the debts of the estate. It further ordered that the debts be paid out of the separate property, (that acquired by deceased before April seventeenth, 1850;) and, inasmuch as the executor had paid a large sum from the proceeds of the common property, for debts and expenses of the estate, it further ordered a sale of the separate property, (reserving the homestead to the widow,) and that out of the proceeds of the sale, he pay the sum before so expended out of the proceeds of the common property, to the widow and child in equal portions, and out of the balance, that ho pay the legacies made by the will.

The widow, and the guardian of the child, appealed from those portions of tho decree deciding any portion of the estate to be the separate property of the deceased, and ordering a sale thereof, and appropriation of proceeds.