65 Cal. 572 | Cal. | 1884
L. M. Curtiss died testate in the county of Yolo on the 31st of December, 1870, leaving surviving him his widow, Esther Cordelia Curtiss, and three sons, Wilber C., Gilbert L., and Harvey T. Curtiss. All of the estate of the decedent, which was a large one, was the common property of himself and his said wife. By the will of decedent his widow was nominated executrix, and upon the probate of the will she was duly appointed executrix and thereupon entered upon the discharge of the duties of her trust. By his will the testator, after making provision for an orphan and a bequest of five thousand dollars to a grandson, bequeathed all of his estate remaining after the payment of his debts, to his widow and sons in equal parts. During the widow’s administration of the estate, she paid to two of the sons—Wilber C. and Gilbert L. Curtiss—fifty thousand dollars each. This sum, it seems, was estimated to be one fourth of the estate of the deceased remaining after the payment of his debts and his special bequests, and was accepted by Wilber C. and Gilbert L. Curtiss as their full share of the
Appellants contend that the matters stated in the finding just quoted could not be legally determined by the Probate Court; that the conduct of Esther Cordelia Curtiss with respect to
McKinstry, J., and McKee, J., concurred.