Churchill v. Stephenson

The opinion of the court was delivered by

Gordon, J.

Appellant is the widow, and respondent Stephenson the administrator of the estate, of Alvah Churchill, deceased. Action was brought by appellant against said administrator to recover possession of certain real estate claimed by her as her separate estate. The respondent defended on the ground that the property was the community estate of the appellant and her deceased husband, and as such was subject to administration.

Prior to the trial the lower court, over appellant’s objections, permitted certain creditors of the estate to intervene, and…