In re Estate of Newell

On Petition to Assign (Re-married) Whole Estate to Widow.

The facts necessary to a decision in this case are as follows:

Eugene Francis Newell died October 31, 1918, leaving him surviving his widow, Elizabeth Russell Newell, who married a second time, and thereafter petitioned to have all the property of the deceased set aside to her under Section 1469 of the Code of Civil Procedure.

That section provides that upon the return of the inventory of the estate of a deceased, if it shall ap *126 pear by verified petition of the personal representative of the deceased, or the widow, that the net value of the estate, over and above all liens and encumbrances at date of death, does not exceed $1500, the court, or a judge thereof, shall require all persons interested to appear and show cause why the whole estate should not be assigned for the use and support of the family of the deceased. And then, after prescribing what notice shall be given, it provides that if the court finds the estate of no greater value than $1500, the court shall by decree assign to the widow of the deceased, if there be a widow, and if there be no widow, then to the minor children, the said estate.

There…