Estate of Hafner

Opinion

DANIELSON, J.

The principle issue presented by this case is: as between the surviving, innocent, wife and children of a bigamous husband, and his surviving, innocent, putative spouse1 and their child, who is entitled to *1377succeed to the husband’s intestate estate when that estate is, as to his surviving wife and children, the husband’s separate property and is, as to the putative spouse, quasi-marital property?

We hold that, as separate property, one-half of the estate goes to the surviving wife and four children of the decedent for distribution pursuant to former section 221 of the…