In re Estate of Schmidt

The deceased, Schmidt, died testate in January, 1891, leaving surviving him his widow, Lina Schmidt, the appellant, and three adult children, issue of a former marriage. His estate consisted of a parcel of land, described as six adjacent lots, situate on Pacific Avenue and Walnut Street, in the city of Alameda, and a small amount of personal property. The lots were his separate property, and in the inventory and appraisement returned and filed, the values placed upon them and the improvements thereon were as follows: Lot 1, seven hundred dollars; lot 2, one thousand dollars; lot 3, eight hundred dollars; lot 4, eight hundred dollars; lot 5, four hundred dollars; lot 6, eight hundred dollars. The lot at the corner of the streets — described as lot 1 — was vacant, and on each of the other lots was a one-story frame dwelling-house. Prior to his death, four of these houses were rented by deceased to tenants, and the other one — situate on lot 6—was occupied by himself as his place of residence.

Deceased and his surviving wife were married about five years before his death, and they lived together as *336 husband and wife, in his said house on lot 6, until May 8, 1890, when she left…