The contestants (decedent’s heirs) contend that the evidence which we have epitomized above is insufficient to sustain the trial court’s findings that all of the personal estate constituted community property of the decedent and his predeceased wife, and in turn the latter’s heirs contend that the evidence is insufficient to support the trial court’s finding that the parcel of real property was the separate estate of the decedent.
In support of their contention that the trial court erred in its determination that all of the decedent’s personal estate was community property, contestants urge that in order for petitioners to establish their right to succeed to some or all of the property in decedent’s estate, the burden rested upon them not only to prove, as they admittedly did, that such property was acquired during the marriage, but in addition thereto that such property had its source in community property.
While in the cases construing Probate Code sections 228 and 229, there are to be found some seemingly contradictory statements, which afford some basis for this contention, upon careful analysis it will be found that they do not support the proposition contended for by contestants.
While by virtue of section 164 of the Civil Code proof that property was acquired by husband or wife during marriage gives rise to a presumption that it is community, in Re Estate of Reizian, it is said: ‘In determining the character of property for the purpose of applying the Probate Code, it is the source of its acquisition, and not the nature of its ownership immediately before death, which is controlling.
Special Master Appointed in Complex Trust Case
