Estate of Adams

FOURT, J.

This is an appeal by Edna Ann Adams, wife of decedent [hereinafter referred to as “Wife”] from an order setting apart homestead

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and the corrected order set

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ting apart homestead.

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The substance of Wife’s position is that the trial court erred in giving her a life estate instead of a fee in the probate homestead of the subject real property.

A résumé of some of the facts is as follows :

An “Agreed Statement of Facts for Hearing on Petition to Set Aside House ... In Fee to Surviving Widow” filed in the court below sets forth the following facts in pertinent part:

Wife and decedent were married on July 28, 1943, in Santa Barbara, California. In March of 1949, they purchased “as joint tenants the house and lot at 22 West Los Olivos Street in Santa Barbara . . . and resided there until the petitioner herein [i.e. Wife] filed her separate maintenance action against the decedent in February of 1961. ”

On February 23, 1961, Wife “filed her separate maintenance action against the decedent. . . wherein petitioner [i.e., Wife] alleged that the Los Olivos Street property was owned by the parties as joint tenants. Thereafter, the decedent filed his answer in said separate maintenance action admitting that said Los Olivos Street property was owned by him and the petitioner as joint tenants. Thereafter, the decedent on March 29, 1961, executed the Will which has been admitted to probate . . . and on or about the same day, the decedent conveyed his undivided one-half interest in the . . . property to John Adams, Jr. and on or about the same day, said John Adams, Jr. conveyed said one-half interest in the . . . property back to the decedent.” There was no consideration for the transfer. From on or about March 29, 1961, Wife “and decedent owned said property ... in common until the date of decedent’s death on February 13, 1962.” The Wife

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