Baloian
Baloian v. Johns
Opinion
lead Opinion
Edmonds, J.
Khosrof Reizian predeceased his wife Toorig. Real property which was purchased when they were living together as husband and wife is claimed by Henry Baloian, her father, and by the heirs of the husband’s mother. The appeal from the decree in favor of Baloian presents for decision the question as to whether the evidence supports the findings in regard to the source of the property.
Khosrof and Toorig were married in 1918. A house and lot, known as the “home place,” was purchased in 1936 and conveyed to “Toorig Reizian a married woman.” Until the death of Khosrof in 1947, he and his wife resided on this property. Before the administration of his estate was completed, his widow died. In the petition for distribution of *748 her estate, the administrator asked that the residence he distributed in accordance with section 228 of the Probate Code, one-half to Henry Baloian, Toorig’s father, and one-half to the estate of Marian Reizian, her mother-in-law. The father objected to the proposed distribution, claiming that the realty passed to him as the separate property of the decedent.
The evidence as to the source of the consideration paid for the real estate may be briefly summarized…