Estate of Mohr

Appellants appeal from an order of the superior court determining interests in the estate of Ann Katherine Mohr. Appellants are the surviving husband and brother of the decedent. Respondent is the surviving husband of decedent’s sister, Elizabeth Ernst.

Mrs. Mohr died testate on May 3, 1966. Her will was prepared by an attorney and executed in his presence on March 19, 1956. She bequeathed her share of the community property to her husband, and then disposed of the residue of her estate as follows: “Fourth: All of the rest, residue and remainder of my property, and all of my separate property, upon my death I give, devise and bequeath to my husband, my sister and my brother, in equal shares, or to the survivor and/or survivors of them.”

The will -was admitted to probate on July 6, 1966, and letters (testamentary were issued to appellant Mohr, to appellant Leiser and to respondent Ernst as directed by the testatrix. Afterward, Ernst filed a petition to determine heirship, alleging that he was entitled to receive one-third of the residuary estate under the fourth clause of the will as the surviving husband of Mrs. Mohr’s sister, Elizabeth; Mrs. Ernst died on February 27,…