In Re Estate of Boselly

RICHARDS, J., pro tem.

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his is an appeal from an order denying the petition of the widow of the decedent for distribution to her of her share of what she alleges to be the community property of her husband’s estate. The answer filed to the petition by a daughter of the decedent by a former marriage denied that the whole or any part of the estate of the decedent was community property and alleged that the whole thereof was her father’s separate estate, setting up specifically and in detail the circumstances under which the said property had been acquired. The court, after a hearing, found that the facts as thus alleged in the answer were true, and as a conclusion of law from such findings of fact found that the whole of the decedent’s property was his separate estate. The facts as thus alleged in the answer and found by the' court to be true are as follows:

“That Frederic James Boselly and said Eugenie Susan Boselly were married in the city of Reno in the state of Nevada on the twenty-fourth day of July, 1897, and thence-from, up and to and at the time of the death of said Frederic James Boselly, deceased, as aforesaid, on the 19th of February, 1914, said Frederic James Boselly and said Eugenie Susan Boselly were respectively husband and wife; that said Frederic James Boselly and said Eugenie Susan Boselly were both residents of the city and county of San Francisco, state of California, at the time of their said mar

[717]

riage, and continued so to be such residents of said city and county of San Francisco and of the state of California until on or about the first day of April, 1899; that on or about said last-named date said Frederic James Boselly, with the intent on the part of said Frederic James Boselly to abandon his said residence within the state of California and to become a resident of the state of New York, removed from the state of California and went to the state of New York, arriving in said state of New York on or about the sixth day of April, 1899, and continued thencefrom until the seventeenth day of September, 1913, to reside without the state of California; that said Frederic James Boselly acquired a residence in said state of New York on said sixth day of April, 1899, and continued thencefrom until about the first day of June, 1910, to be a resident of said state of New York; that on or about the first day of June, 1910, said Frederic James Boselly, with the intention of abandoning his residence in the state of New York and acquiring a residence in the state of New Jersey, removed from the said state of New York to the state of New Jersey, and on or about said last-mentioned date, acquired a residence in said state of New Jersey and became a resident of said state of New Jersey, and continued thencefrom to be a resident of the state of New Jersey until on or about the first day of October, 1910. That on or about the first day of October, 1910, said Frederic James Boselly, with the intent of abandoning his said residence in the state of New Jersey and acquiring a residence in the state of New York, removed from the state of New Jersey to the state of New York, and on said last-mentioned date acquired a residence in said state of New York and became a resident of said state of New York and continued to be a resident of said state of New York until the seventeenth day of September, 1913, upon which date he arrived in the state of California; that, during all the period from the first day of April, 1899, to the seventeenth day of September, 1913, said Frederic James Boselly was a resident of no other state or states than the states of New Jersey or New York: