Long
Long v. McJimsey
Opinion
Lead Opinion
Ford, J.
On March 15, 1960, Eddie McJimsey, as the administrator of the estate of Clabe Long, deceased, filed his first and final account and report and petition for final distribution. Therein it was stated that all of the estate was the separate property of the decedent and that the next of kin and only heirs at law of the decedent were his half-brothers, Eddie McJimsey, Louis McJimsey, and Wesley Long, and his half-sister, Mamie Abner. On March 23, 1960, Emma L. Long filed a petition in which she stated that she and Clabe Long were married in Los Angeles on June 29, 1948, and thereafter continuously resided in Los Angeles “up to the date of the death of said deceased as husband and wife.” She asserted in substance that she was entitled to all of the community property accumulated during the period of the marriage.
At the time of the hearing of the petition for final distribution, Emma Long appeared and objected to the distribution of the property as prayed, her position being that which she *735 had set forth in her petition of March 23, 1960. After considering the evidence offered by the parties, the court made findings of fact which were in part as follows: 1. At the time of his…