In re Estate of Hale

Josephine C. H. Boyle, the daughter of the deceased, and one of the principal legatees and devisees in his will, and Anais Hale, his surviving wife, filed herein a petition for the final distribution of the above entitled estate. It is claimed in the prayer of the petition, upon the facts therein set forth, that the entire estate should be distributed one-half to the daughter and the other half to the surviving wife.

To this petition an answer was filed on behalf of the respondent, Ann Feeney Wright, which, it was subsequently agreed, should stand as the answer for the other respondents, who appeared upon the hearing of the petition. The application for final distribution presents two leading questions, *193 (1) the widow’s contention that all of the property is community property, and that one-half thereof should be distributed to her,- and (2) the daughter’s contention that on a proper construction of the will and after a proper marshaling of the assets all of the residue of the estate should be distributed to her.

In the will of the decedent there is this clause: “I hereby declare and make known that all property owned and possessed by me at the date of this will and wherever…