Henderson v. Field

KNIGHT, J.

This is an appeal from the decree of final distribution entered in the matter of the estate of Charles J. Wilson, deceased, the question involved being whether under the provisions of section 228 of the Probate Code appellants were entitled to one-half of the estate.

Martha Wilson, the decedent’s wife, died in 1920 in Alameda County, intestate and without issue. She was survived by her husband and her mother, Mrs. Enke, a resident of Denmark. Sixteen years later and on November 12, 1936, Charles J. Wilson died in Alameda County, a widower, intestate and without issue, leaving surviving him as sole heir and next of kin a sister, Maisie E. Field of San Francisco. During the administration of his estate and prior to the distribution thereof Mrs. Enke died. She was survived by five adult children, one living in Canada and the remaining four in Denmark; and following the death of their mother they asserted a claim to one-half of the Charles J. Wilson estate upon the ground that the property to be distributed therein was community property of the decedent and his predeceased spouse, Martha Wilson. The probate court held adversely to their claim. The basis of its decision was that Mrs. Enke by an instrument in writing theretofore executed and delivered by her to the said Charles J. Wilson, in consideration of the payment to her by him of the sum of $500, had deeded and assigned to him all of her rights and interests in and to all community property belonging to him and his predeceased spouse; and that since the provisions of said section 228 under

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which Mrs. Enke’s children were claiming gave them no greater rights than she possessed thereunder, they were not entitled to any portion of the Charles J. Wilson estate. Thereupon the court distributed the residue of his estate, consisting of $4,365.97 in cash, a watch, two chains and a charm, to his sister, Maisie E. Field. We find no merit in appellants’ contention that the probate court erred in its decision.

The facts of the case are not disputed, and for all purposes of the appeal they may be summarized as follows: Some considerable time after the death of his wife Martha, the exact date not appearing, Wilson obtained letters of administration in the matter of her estate, and on April 5, 1926, all property administered upon therein was distributed to him. It consisted of six lots in Berkeley, and approximately $7,500 in cash. The law of succession in effect at that time provided that upon the death of the wife the entire community property, without administration, belonged to the surviving husband (sec. 1401, Civ. Code) ; and in its decree of final distribution entered therein the probate court found that the whole of the estate of Martha Wilson was community property, but that at the time of her death, title thereto stood of record in her name, and that such was the reason for administering upon her estate. Furthermore, the court found that “if the same was separate property” Wilson as surviving husband was entitled to one-half thereof, and that Mrs. Enke as surviving mother was entitled to the remaining half, but that on February 26, 1925, she had executed and delivered to Wilson “a quitclaim deed and assignment of all her rights, title, interest, estate and claim of, in and to the property, real and personal, of the said estate of Martha Wilson . . . and to all residue thereof, including all property hereinafter discovered, and that said Charles J. Wilson is now the owner and holder of all right, title, and interest of said mother of said deceased in and to the estate of said deceased”; and accordingly all of said real and personal property was distributed to him. At the time of Wilson’s death ten years later these same lots became a part of his estate, and during administration were sold for $4,250. The rest of his estate, except for the few personal articles above mentioned, consisted of a bank deposit of $1468.66, which his administrator alleged "on information" was part of the money the decedent had received on final settlement of his wife’s estate.