Sparks v. Renwick ( 1939 )

EDMONDS, J., Dissenting.

I concur in the conclusion reached by my associates that Cora C. Slack acquired by inter vivos gift from her husband and as her separate property the real estate which had theretofore been their community property, but I disagree with the construction placed upon section 228 of the Probate Code for the reasons stated by me in Estate of Rattray (ante, pp. 702, 717 [91 Pac. (2d) 1042]). I believe, therefore, that the decree appealed from should be reversed in part and that the probate court should be directed to distribute the community property which had become Mrs. Slack’s separate property by inter vivos gift, in accordance with the provisions of section 225 of the Probate Code.

Rehearing denied. Edmonds, J., voted for a rehearing.