Colden v. Costello

In Colden v. Costello (1942) 50 Cal. App. 2d 363, the wife of the decedent was entitled under his will to one-fifth of his estate remaining after the payment of certain specific bequests. In the will, the share left to the wife was declared to be inclusive of her interest in the community property. The other beneficiaries denied that the wife's community interest exceeded her share under the will. The case is one in which the wife was required to make an election to take under the will or her share of the community property. (Colden v. Costello, supra, 50 Cal. App. 2d 363, 365.) The wife contended that she had to bring independent actions in equity because the court in probate has no jurisdiction to determine as between her and the other claimants what share of the property is community and what is separate. The court found her contention was without merit, and stated that the probate court "has always exercised jurisdiction over the interest of the surviving wife in the community property in the course of administration upon the estate of a deceased husband." (Colden v. Costello, supra, 50 Cal. App. 2d 363, 369.)