Lockbihler

These are appeals by two sisters of the deceased, Anna Young, from the decree of distribution made in the matter of her estate, from an order setting aside certain property as community property, and from an order setting aside the homestead to C. H. Young, the surviving husband.

Anna Young died testate on the 29th of April, 1894, and in due time her will was admitted to probate. That will is as follows:

The testatrix at the time of her death owned real estate in the counties of Napa and Sonoma which was her separate property. There was on deposit in the German Savings and Loan Society Bank of San Francisco the sum of two thousand two hundred dollars, which was also her separate property. She left a note and mortgage, which was executed to her by one Fales, and other personal property, over all of which there is a contest as to whether or not it was community property or a part of her separate estate. C. H. Young, the husband, was appointed administrator with the will annexed. In his petition for a final distribution he asked that the Fales note and mortgage and certain furniture be declared community property; that a certain piece of real estate which was the separate property…