Matter of the Estate of Ramon Romero

Belcher, C. C. —This is an appeal from an order refusing to set apart a homestead. Edwardo Romero presented a petition to the court below, asking to have a homestead set apart for the use of himself and his sister, Carrie Romero, who were alleged to be the minor children of Ramon Romero, deceased. A brother and sister of the deceased objected to the homestead being set apart, and as the ground of their objection alleged that the said Edwardo and Carrie were not the children of deceased; that he was never married, and that he left surviving him at the time of his death no child or children, either legitimate or illegitimate.

At the hearing it was shown for the petitioner that Ramon Romero died intestate in the county of Monterey [380]on the eighteenth day of May, 1884, and that administration on his estate was afterwards taken out, and an inventory was returned, showing personal property belonging to the estate of the value of $381, and real property of the value of $700.

A declaration of homestead made by the deceased was then introduced in evidence. The declaration was dated April 30, 1881, and was properly acknowledged and filed for' record on the same day. In it the claimant declared that “I am the head of a family consisting of myself and my two minor children, Edwardo and Carolina, and I do now, at the time of making this declaration, actually reside with my said family on the land and premises hereinafter described.”

The petitioner was then sworn as a witness, and testified as follows: “I knew Ramon Romero in his lifetime; he was my father. Myself and my sister, Carrie Romero, lived with him all the time up to the time of his death on the land described in the petition. We lived there for the last ten years. We were living on said land on the thirtieth day of April, 1881, and for a long time before. We have lived on said land ever since the death of my father, and live there still. I am twenty years of age, and my sister is sixteen years of age. At the time my father made his declaration of homestead in 1881, myself and my sister were living with my father on the said land, and there were no other children living with him. My mother is still living with us on the said land; her name is Maria de los Angeles Botiller.”

For the contestants, a witness was called who testified that he had lived in the town of Monterey for about twenty-five years, and had been well acquainted with. Ramon Romero, who had also lived in the town ■ the greatest portion of that time; that he never knew or heard that Romero was married; that he knew the mother of Edwardo Roniero, and her name was usually called Maria de los Angeles Botiller.