Cody v. Herberger

Taletta M. Herberger died on February 3, 1959. She was survived by the respondent spouse whom she had married in 1926. She had no natural or adopted children. On February 9, 1959, respondent was appointed administrator of her estate. Thereafter, her will was presented for probate by her brother, appellant Frank T. Cody, who was appointed executor of her separate estate. Respondent then became entitled to administer only the community estate. Decedent’s separate estate was appraised at $6,119.03 and the community estate at $202,995.06.

It was necessary for inventory and tax purposes to…