In re Estate of Wells

Upon the facts in evidence it must he concluded that the premises sought to be set apart constitute community property.

The property is not susceptible of partition. The authorities cited by executors are not in point in an application of this character. The widow is entitled to a homestead, even if it consumed the entire estate, irrespective of the claims of creditors, and notwithstanding that there are no minor children.

It does not appear here that the estate is insolvent. All the children are adults. The statement of facts in the opening brief of applicants seems to be correct.

Reba E. Wells, the widow of the deceased, makes application for a homestead under the provisions of section 1465, Code of Civil Procedure. It appears from the evidence that neither the deceased nor the petitioner selected a homestead during the lifetime of the decedent; that the only real property belonging to the estate is the piece which the petitioner now asks to have set apart to her as a homestead; that said property is situate on Ellis street in this city and county; that it is an entirety and incapable of division; that there is upon it a dwelling-house, and that the property is appraised at…