Nichols v. Williams

This is an appeal from an order overruling objections to a petition for distribution, and from an order of distribution.

Leroy F. Williams died on March 14, 1950, leaving an holographic will dated January 18, 1950. This will consisted of one page and purported to dispose of all of his property in California, and in another clause of his property in New Mexico.

In due course, the executors filed a petition asking for a decree distributing $1,000 to G. G. Williams, and all other property in California to W. A. Williams. G. G. Williams filed objections, contending that all of the California property, except for $1,000, should be distributed to him or, as an alternative, that the California estate should be divided equally between them, except that an additional $1,000 should go to him. The court adopted the interpretation placed on the will by the executors and entered a decree distributing $1,000 to G. G. Williams, and the remainder of the California property to W. A: Williams. This appeal followed.

There was no conflict in the evidence. The matter was submitted upon the will itself, with a stipulation that the testator had received but a third grade education; that he was 65…