Lawler

Patrick Lawler died September 9,1887, leaving him surviving a widow and certain children, and also leaving a last will and testament, which was admitted to probate by the superior court of Sonoma county October 25, 1887. In his will he appointed his widow, Bridget, and his son, Patrick, executors thereof and declared that his entire estate was community property, and recognized and confirmed the right of his surviving widow to one-half thereof, and gave the remaining half to his two sons, James and Patrick. December 21, *361 1887, his widow conveyed by deed of gift to her son, John, the respondent herein, “all her undivided one-half interest in a tract” containing about one hundred and forty-four acres of land, a portion of the estate of her deceased husband. May 20, 1889, the executors presented to the superior court for settlement the final report and account of tlieir administration of said estate, and at the same time a petition for the final distribution of the estate was presented to the court. The court appointed June 18th as a day for the hearing thereof, of which proper notice was given, and, on said day, made its order settling the account and distributing the estate. In…