Estate Of Thornton

33 P.2d 1 (1934)

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Nature of the Case

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Facts

The property involved was acquired by H and W during the years 1885 to 1899 and 1906 to 1919, while they were domiciled in Montana. In Montana, it was H's separate property, subject only to W's dower rights. H returned to California in 1919, bringing said property with him, and was here domiciled until his death on February 25, 1929. W for distribution of one-half of his estate to her upon the theory that said property was converted into community property when it was brought into this state. The court disagreed and upheld H's testamentary attempt to dispose of all of the property as his sole and separate property. W appealed. The executor of her will has now been substituted as W too has died.