Duncan v. Superior Court

Petitioners brought two proceedings, one for a writ of mandate and one for a writ of prohibition or supersedeas. Both involve the same parties and the same probate proceeding, and they are therefore considered together.

The decedent, Ernest C. Duncan, died intestate on January 11, 1933. His only heirs at law were his widow, Lucy N. Duncan, who became the administratrix, and his mother, Emma C. Duncan, petitioner herein. The widow claimed the entire estate as community property. Petitioner claimed half of it, contending that it was separate property. On December 1, 1933, the administratrix…