Estate Of Prager

137 P. 37 (1913)

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Nature of the Case

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Facts

H died on the fourteenth day of September 1911. The total value of the estate was $630,321.67. The real property outside of the city of Los Angeles, covered by paragraph second of the will, was appraised at $179,928.50. All of this was community property. There was other community property consisting, principally, of a note secured by mortgage and two bonds, said note and bonds, together, being of the appraised value of sixteen thousand dollars; also two parcels of land in the city of Los Angeles, appraised at fifty-four thousand dollars. The separate property of H consisted of land in the city of Los Angeles, appraised at three hundred and eighty thousand dollars. H’s will bequeathed all property he owned outside the city to extended family members, including P. Mary (W), the widow, informed these devisees that she claimed the right to succeed to one-half of the community property, in addition to taking what was given her by the will. P opposed this disposition and claimed that W was put to her election to take under the will or as a survivor of the community. The court dismissed P’s petition, and P appealed.