Succession of Waldo

By the WHOLE COURT.

ST. PAUL, J.

This controversy arises over the account herein filed by the executor, who is the surviving husband of the deceased. He claims that certain real estate belongs to the community which existed between him and his deceased wife. Her heirs (legatees) claim that same is her separate estate.

The facts are that the property was purchased by the husband during the community, and donated by him to his wife during the marriage; that after her death he revoked said donation.

*685I.

Article 1749 of the Revised Civil Code of 1870 reads as follows.:

Article 1749. “All donations made…