Partial Distribution—Petition by Widow.—Where one petitions for partial distribution of an estate, and alleges that she is the widow of deceased, and is desirous of having her share of the community property therein described assigned and distributed to her, it sufficiently appears that the petitioner is an heir. As widow she is included in the statutory term "heir."

Partial Distribution—Sufficiency of Petition as Showing Title and Seisin.—Where the widow of a decedent petitions to have her share of the community property assigned to her, by way of partial distribution, alleging that certain property described in the inventory of the estate, and then particularly describing it, was conveyed to decedent by a particular person named, and on a particular date mentioned, such averments of title in the decedent and seisin at the time of his death are sufficient.

Partial Distribution—Sufficiency of Petition as Showing Community Property.—An allegation in the petition of a widow to have her share of the community property assigned to her by way of partial distribution, that the property (describing it) “was acquired by the said deceased after his marriage with your petitioner, to wit” on a day named, “and was not acquired by gift, bequest, devise or descent; but, on the contrary, by purchase for a valuable consideration, and as she is advised and insists was, and is the community property,” is sufficient, as a statement of the character of the property. It is sufficient treating the petition as a pleading; but especially so as an application for partial distribution.

Partial Distribution—Informality of Petition.—A petition for partial distribution of a decedent’s estate should not be treated as severely as a common-law pleading. All that it need show is that the person applying has the status of an applicant as described in the statute, and that the administration of the estate is in a sufficient state of forwardness to authorize a distribution.

Partial Distribution.—Whenever the Administration of an Estate has Advanced so far as to be in a sufficient state of forwardness to authorize distribution, it is the duty of the court, upon petition of any party interested, to proceed to a partial distribution, and for that purpose to make the necessary investigation of facts.

Partial Distribution—Petition by Executrix.—A party is not incapacitated to apply for partial distribution of a decedent's estate because she is an executrix of his will.

Partial Distribution.—Assuming that the Question of Giving a Bond upon partial distribution can be considered upon demurrer to an application for partial distribution, and the objection taken that the party to give the bond is both distributee and executrix—obligor and obligee; the answer is that the law is so written.

Partial Distribution—Petition by Administrator.—The Practice of the Court since its institution, in recognizing the right of an heir or devisee, although he is also the representative of the estate, to apply for and have partial distribution, referred to and cases cited.

Partial Distribution—Petition.—Various Grounds of Special Demurrers for ambiguity, presented to a petition for partial distribution of a decedent’s estate, are overruled in this case.

Decedent’s Widow Applied for Partial Distribution of the Estate, alleging that “a portion” of it was separate property, and “the other portion” community property, particularly describing and claiming the portion alleged to be community. Demurrer, on the ground that it appeared from the petition to be necessary to ascertain and determine the title to the property asked to be distributed, and that title could only be determined upon final distributipn, or under section 1664, Code of Civil Procedure, overruled. (See Estate of Jessup, 81 Cal. 408, 21 Pac. 976, 22 Pac. 742, 1028, 6 L. E. A. 594, affirming Coffey, J.)