Burrows v. Burrows

The appellant, who is the widow of the decedent, had during his lifetime filed a homestead declaration on the property here in question, he not joining therein; and she filed a petition to have it set apart in fee to her and her minor children as a homestead, upon the ground that it was community property. The court below made a decree and order setting it apart to her for a limited period only; and from this decree and order she appeals. The only question in the case is whether or not the property was community or separate.

At the time of the marriage, in 1878, the decedent waS the owner of a…