Estate of Hayes

This is a petition to have certain property-set aside for the use and benefit of Agnes Hayes, a minor, under section 1465, Code of Civil Procedure. The facts are briefly these: Thomas Hayes died on September 30, 1884, *552leaving him surviving as his only heirs his widow, Margaret Hayes, who died on May 15, 1885, and five children. All these children are now over the age of majority, except the petitioner herein.

Decedent Thomas Hayes left only one piece of property, which is situated in San Francisco. It was community property, and it is sought herein to have it set aside as a homestead.

Neither…