Estate of Donohoe

JAMISON, J.,

pro tem.

tem

.Appellants are the heirs of Thomas Donohoe, deceased, and respondents are the heirs of Annie Donohoe, deceased. Thomas and Annie Donohoe were married on October 29, 1881, and continued to live together as husband and wife until May 21, 1924, when Thomas Donohoe died intestate. No administration upon his estate was ever had. Annie Donohoe died intestate on April 22, 1929. An administration was had upon her estate which resulted in the present contest.

The administrator filed his account showing that said estate was ready for distribution. Thereupon the heirs of Annie Donohoe filed their petition to have said estate distributed to them, alleging that the whole of said estate was the separate property of Annie Donohoe. The heirs of Thomas Donohoe also filed a petition setting forth that the whole of said estate, except a small piece of real estate which they concede was the separate property of Annie Donohoe, was the community property of said spouses, and asking that distribution of one-half of said community property be made to them.

The trial court rendered a judgment in favor of respondents, holding that the whole of said estate was the separate property of Annie Donohoe, and from this judgment appellants have appealed.

The only question for determination on this appeal is whether or not the estate of Annie Donohoe was her separate property or was the community property of herself and her husband. It appears that some time between the years 1881 and 1887, the record does not disclose just when, the Donohoes took up their residence at Hegewiseh, Illinois, and that they continued to reside there until 1903'. In 1905 they came to California, stopping first in San Jose, and in

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1907 located in Richmond, where they lived until their respective deaths.

Respondents produced three witnesses, one of whom, George Lee, testified that he is the administrator of Annie Donohoe’s estate; that he became acquainted with the Donohoes in 1907; that he was then assistant cashier of the Bank of Richmond; that he did business for Annie Donohoe, but none for Thomas; that Thomas Donohoe was sickly and did no work. The Donohoes had a small place in Richmond upon which chickens were raised. In addition to this Annie Donohoe loaned money. She sold the chicken ranch and bought another place. Both of these places stood in her name. The loans were all made in her name. When witnesses suggested to Thomas that someone wanted a loan, he replied that the matter would have to be taken up with his wife, that it was all hers. At one time witness asked him if he had his affairs all fixed up and he answered that it was all hers. Witness stated that on one occasion when they were both in the bank and he asked Annie Donohoe if she wanted her husband’s name on the loan papers, her husband spoke up and said that it all belonged to his wife.