Abila v. Spendrup

Jose Maria Abila died in December, 1943, leaving a will that was duly admitted to probate. Emelina Y. Abila, who was not mentioned in the will, filed a petition to determine heirship under section 1080 of the Probate Code, alleging that she is the widow of decedent. She also alleged that the entire estate was less than $2,500 and prayed that it be set aside to her as surviving spouse under section 640 of the Probate Code.

Petitioner married Paul Ortega in 1897, but this marriage was subsequently annulled. She married decedent in March, 1910. They separated in September, 1911, and decedent…