Estate of Riordan

This is an appeal from a judgment denying probate to the will of deceased, and from an order denying appellant’s motion for a new trial.

Patrick Riordan was born in Ireland, and came to California in 1849. He married in San Jose, and there settled on a ranch. His first child was born in 1862, and during the succeeding sixteen years he became the father of twelve children, nine of whom are still living. Upon an original investment of $8,000 he had in the year 1885 accumulated property of the value of $45,000. In that year his wife secured" a divorce from him on the ground of his extreme cruelty, and at the same time they agreed upon a division of the community property. Of the ranch, consisting of two hundred and thirty-one acres, she received one hundred and fifty-one acres, and he eighty acres, and the cattle thereon were divided equally between them. Thereafter Patrick Riordan moved a barn or granary from another part of the ranch to within about two hundred yards of the Riordan family home, and resided in it for more thap two years, thereafter making his home in San Jose and San Francisco until the time of his death.

He executed his last will on July 6, 1901, and he died in…