Estate of Blair

[760]

DRAPEAU, J.

Alfred G. Blair and Susan Ann Blair were married June 30, 1915. Each of them had been married before, their first spouses having died. And each of them owned separate property at the time of their marriage.

The husband and wife lived in California until Mr. Blair died in 1950, and Mrs. Blair in 1951. She left no will. And it may fairly be inferred from the record that from the time of her husband’s death she was incompetent to make a will.

Mrs. Blair’s estate was appraised at $255,857.90. All of her estate came from property that had been vested in joint tenancy in her and her husband.

Mr. Blair’s estate, not including the joint tenancy property, was appraised at $70,074.63. Mrs. Blair was the residuary beneficiary under Mr. Blair’s will.

Mr. Blair was an insurance broker. He also bought, subdivided, and sold real property. He managed extensive property affairs; his wife signed with him all notes, mortgages, and deeds in financing, refinancing, and selling their many properties.

Some of Mr. Blair’s investments were good, some were not so good, and some were bad. Their financial bark almost capsized in the stresses of the depression of 1929 and in litigation involving one of their properties. But the value of property in joint tenancy when Mr. Blair died would indicate that, over all, his transactions resulted in considerable profit.

After Susan Ann’s death two children by Mr. Blair’s first wife, petitioned to determine heirship.

Their petition was heard by the superior court. The judge found that all of the property in Susan Ann’s estate was her separate property, and adjudged that it should go to her next of kin,—sisters, nephews, and nieces. Petitioners appeal from the judgment.

Testimony was taken in the trial court for several days. Many exhibits were received in evidence. On appeal the case has been extensively briefed and argued.

The issues are important to Mr. Blair’s two children, for under the provisions of section 228 of the Probate Code they are entitled to inherit from Susan Ann Blair all of her estate which had its origin in community property. On the other hand, if the estate was Mrs. Blair’s separate property then under section 225 her collateral heirs are entitled to it.