Cline

This appeal involves the sufficiency of the evidence to support a finding that certain property had been the community property of the decedent and her predeceased husband so as to make it pass to the latter’s son under Probate Code, section 228.

The decedent, Ruth Cline, was a childless widow who died intestate. Her husband, James Cline, had died in 1942. The estate of Ruth included a residence on Victoria Avenue which had been held in joint tenancy with her husband, James, while he was alive. Respondent, Clifford Cline, who is the son of James by an earlier marriage, petitioned the court for a decree determining his interest in Ruth’s estate. Appellants, who are the blood relatives of Ruth, appeared in opposition. After a trial without a jury the court made a finding that the Victoria Avenue property had been the community property of the decedent and her predeceased spouse. Upon this finding the court decreed that said property passed by succession to respondent, Clifford Cline. The judgment awarded other property to appellants. This appeal is only from the portion of the judgment which was in favor of respondent.

If the property in question had its origin in the community…