Estate of Durham

Appellant Moore appeals from that portion of a decree determining heirship holding that (1) two bank accounts of decedent Virginia Fair Durham were community property, and (2) respondent Durham was entitled to $7,500 for his homestead rights in a parcel of separate property belonging to decedent upon which she had declared a homestead.

Questions: First: Was there substantial evidence to sustain the probate court’s finding that a commercial account and savings account standing in the name of decedent at the time of her death were the community property of decedent and her husband, respondent…