Estate of Sayre

Two questions are presented for consideration upon this appeal, namely, Was the decree of distribution made in accordance with the terms of the will of deceased and was the court authorized to order the discontinuance of the family allowance?

Deceased died on April 1, 1929, leaving as Ms heirs his widow, Maude M. Sayre, and a son, Burt G. Sayre. Prior to his death, on May 10,1924, he executed a will in which the following disposition of his property was made: “I give, devise and bequeath my estate to my wife, Maude M. Sayre, and my son, Burt G. Sayre, share and share alike, that is to say my said wife will be entitled, under the laws of California, to take and have one-half of our community property and it is my will that my wife shall have such portion of my separate property so that she and my said son shall share equally in my estate, both community and separate. ’ ’

The trial court decreed that, under the terms of the will, the entire property of deceased, including both the separate property of decedent and the community property belonging to him and his wife should be equally divided between his wife and son and so ordered distribution.

Appellant contends that by said…