Matter of Estate of Eliasen

SHEPARD, Justice.

This is an appeal from a decision of the district court which on appeal affirmed a decision of a magistrate court in a probate proceeding. The principal questions presented are the status at the time of decedent’s death of certain property as being community or separate in nature and the applicability of Idaho’s slayer statute, I.C. § 15-2-803, to this widow, who shot her husband, the decedent. We affirm in part and reverse in part.

*236The decedent, Charles Edgar Eliasen, a/k/a Edgar Eliasen, was 70 years old at the time of his death in November 1974. Decedent for many years had…