Quigley

This is a contest in a proceeding to determine interests in the estate of Walter Wright between the heirs at law of Nellie Wright, who predeceased her husband Walter, and the heirs at law of Walter, who died some six years after the death of Nellie. The property involved consists of certain money in bank, a parcel of real property with improvements, including a four-room house, a gas station and a streetcar converted into a café, with its equipment and the inventory and supplies of the café. With minor exceptions, of no materiality on the appeal, all the property in the estate of Walter was originally the separate property of Nellie and came to Walter as her surviving joint tenant. Walter left no spouse or issue and no will.

Pursuant to section 229 of the Probate Code, since Walter died intestate and left no spouse or issue, all the property which was originally owned by Nellie as her separate property, and which came to Walter as surviving joint tenant, was distributable to the heirs at law of Nellie. Any separate property of Walter, which did not come to him from Nellie as her surviving joint tenant or otherwise, was distributable to his heirs at law. Any property which was…