Woolman

Sherlie Edison Woolman, the decedent in this probate proceeding, died, intestate, February 19, 1955. He was a widower at the time of his death, his wife having predeceased him, December 16, 1944. A son of the predeceased wife by a former marriage initiated the particular proceedings now engaging our attention, by filing a petition, under section 1080 of the Probate Code, to have it decreed that he, the petitioner, was entitled to have all the property in the estate distributed to him. He was not entirely successful in his quest, but the probate court found that certain designated items of property had been either the community property of the decedent and his predeceased wife, or purchased from the proceeds of such property, and so should be distributed to the petitioner. This result was displeasing to the brother of the decedent, who, but for the decree, would receive all of the estate, and he appealed. We are reversing the decree because the evidence is insufficient to support an essential finding.

Petitioner’s claim to any portion of the estate of the decedent, who is no blood relation of his, depends upon the provisions of section 228, Probate Code, which, since 1939, has…