In Re Estate of Chanquet

ANGELLOTTI, C. J.

This is an appeal by Sophie Chanquet, the widow of deceased, from the decree of distribution made in the matter of his estate.

The sole question presented is whether the superior court erred in charging debts, expenses of administration, expenses of last illness, etc., paid by the executor of the will, and certain legacies, against the estate generally (exclusive of certain specific bequests), including the widow’s share in the community property, rather than against the husband’s one-half of the community property only.

By his will deceased first gave to certain brothers his interest in the saloon and liquor store business, carried on by him and them in Oakland and San Francisco, declaring the same to be his separate property. He then gave a monthly allowance of thirty dollars to his mother for her life, and four general legacies aggregating $1,450. (The mother died before distribution.) Then followed the subdivision numbered “Thirteenth,” in which he stated that there being some question as to what portion of the property, other than the saloon property, was community property, he thereby declared that all of his property, except his saloon property interests, is community property, and proceeded as follows: “And it is my will that my wife shall take her half of said community property (but not including my said partnership interests in the said saloon and liquor stores . . .) in lieu of all other interest in and to my property and estate, other than as I hereinafter provided for her, to wit:

“I hereby give, bequeath and devise unto my said wife, Sophie Chanquet, the use and enjoyment of a life estate in and to all residuum of my property and estate (my half of the community property), after paying and discharging all

[309]

my debts, the cost of my last illness and burial, the cost of administration of my estate, the payment of the specific legacies and bequests hereinbefore provided for, to be hers to enjoy and possess during the period of her natural life, and upon her death I hereby give, bequeath and devise residuum of my said estate, share and share alike, unto” certain brothers and sisters.

The executor had received in cash $30,689.47, constituting community assets, from which he had disbursed for debts, expenses of administration, last sickness, funeral expenses, etc., $10,889.63, leaving a balance in cash for distribution of $19,799.84. The superior court concluded that out of this general balance the legacies, aggregating $1,450, should be paid, leaving $18,349.84 in cash for distribution, together with other personal property and the real property on hand, one-half to go to the widow as her share of the community property, and the other half to the brothers and sisters of deceased, “subject to the use and enjoyment of a life estate therein and thereto to Sophie Chanquet,” the widow.