Diemoz v. Patton

Opinion

WIENER, Acting P. J.

When Kathryn Marlow Hughes died on February 12, 1975, she and her husband, George Ervin Hughes, had been living in her separate property residence at 3438 Browning Street in San Diego. The house was worth about $45,000. Upon her death George, as a spouse omitted *1610from Kathryn’s November 15, 1965, will admitted to probate, acquired a one-third interest in the property pursuant to then Probate Code section 70.1 The named beneficiaries under the will, Kathryn’s two children, Victoria Wiseman and Charles Marlow, received the balance in equal shares. George, and later…