Davis v. Lucas

Respondent John A. Davis, the surviving husband of Gladys B. Davis, sued Kathryn B. Lucas, individually and as executrix of Mrs. Davis’ will, for a judgment quieting in plaintiff title to certain real property which he alleged to be his separate estate. Judgment went in his favor and defendant appeals.

Appellant claims the property to have been community property in which she, as sole devisee of her mother’s will, is entitled to a one-half interest. Her main contention is that the evidence is insufficient to sustain the court’s finding that it was at all times plaintiff’s separate property.…