73 Cal. 283 | Cal. | 1887
— This is an action to construe a will. The defendants, Gray and Wilbur, were nominated in the will the executors thereof, and the guardians of the estate of the testator’s child, who was the residuary legatee. The plaintiff is the person named in the fifth clause, which is as follows: —
“ 5. I give and devise to my sister, Mary Elmer, now of San Francisco, California, the sum of forty dollars per month, from the date of my death during her natural life; and if it is necessary for her care and comfort, I will and direct that my executors pay to her, or expend for and on her behalf, such other and further sums as they, in their best judgment, may deem meet and proper; and in case of her death, to give her a decent burial.”
We therefore advise that the judgment be reversed, and the cause remanded for further .proceedings.
— For the reasons given in the foregoing opinion, the judgment is reversed, and the cause remanded for further proceedings.
Hearing in Bank denied.