Estate of Tate

This is an application by Margaret E. Tate, surviving widow of Robert N. Tate, deceased, for an order of court setting apart to her absolutely, as and for a homestead, a certain piece of real property mentioned in the estate of said deceased, situated on Post street, between Broderick and Baker, particularly described in her petition, with the dwelling • and improvements thereon. This property is appraised at the aggregate value of $4,550. The petitioner claims the same as community property, and by virtue of having a homestead declared thereon in the lifetime of said Robert N. Tate, which declaration of homestead complying substantially with the provisions of the Civil Code of this state, was recorded on the first day of May, 1883, in the recorder’s office of the city and county of San Francisco. The application is contested by a daughter of said deceased, on the ground that it was not community property, but the *218 separate property of the deceased, Robert N. Tate, and on the further ground that being separate property the widow, having no children by the deceased, is not entitled to a homestead out of his separate estate.

After a patient hearing of the case in open court,…