In re the Estate of Boody

This is an appeal from an order of partial distribution, distributing certain parcels of real estate belonging to said estate, and the only question involved is whether the lands were community property, or the separate property of the deceased.

The deceased, Joseph B. Boody, died intestate, in the county of San Joaquin, November 7,1893, without issue, leaving him surviving as his heirs at law Elizabeth Boody, his wife, a sister, and the children of a deceased brother.

Elizabeth Boody, the wife, died intestate November 10, 1893, without issue, leaving as her next of kin and heirs at law a sister, one child of a deceased sister, and the children of certain deceased brothers.

The heirs of Elizabeth' Boody claimed on the distribution that the property in controversy was the community property of Joseph B. and Elizabeth Boody, and that they were entitled of right to have distributed to them three-fourths thereof. The court below denied this claim. It found that all of the real estate involved was the separate property of Joseph B. Boody, and accordingly distributed to the heirs of Elizabeth but one-half thereof. The latter appeal, contending that the finding *684 as to the separate…