Cawog v. Rothbaum

Jessie McGee died instestate and without children on November 19, 1955. Thereafter, the relatives of her predeceased intestate husband, Denis, filed a petition in the probate proceedings claiming an interest as statutory heirs under section 228, Probate Code. They contended that all of Jessies estate had been acquired with community funds during her marriage to Denis and prior to the latters death; and Jessie having died without issue, one-half of her estate was distributable to them by force of the statute. The petition was opposed by contestants, all of whom are Jessies next of kin. The trial court found that at the time of Denis death there existed no community property to which Jessie succeeded, that all property owned by Jessie upon her death had its origin in, and was, her separate property and vested in the contestants under section 225 of the Probate Code; and issued its decree accordingly. This appeal therefrom involves solely the sufficiency of the evidence to support the trial courts findings.