Estate of Borba

Joseph R. Borba died on December 10, 1928, in Santa Clara County. He left a will, which was duly admitted to probate and letters testamentary issued thereon.

Among other provisions the will contained the following:

On November 10, 1929, his executor filed a final account, and a petition for distribution, from which it appears that the property remaining to be distributed consisted of cash in the sum of $28,031.14. This sum by the decree of distribution was ordered to be distributed to the children of the decedent as follows: Frank Borba, nothing; Joe Borba, $1548.28; Dominieus Borba, $1548.28; Annie Ryan, formerly Annie Borba, $1798.28; Rodgers Borba, $1898.28; George W. Lyle, as sheriff of the county of Santa Clara, attaching officer in an action filed in the superior court of said county against John Borba, named therein as Jack Barbe, $1548.28; to each of decedent’s other children, namely Mary Garcia Pierce, Rosa Amaral, Minnie Dutra, Antone Borba and Willie Borba, there was distributed $3,937.93.

Frank, Joseph, Dominieus, John and Rodgers Borba and Annie Borba Ryan have appealed from the order and decree of distribution. They claim that the court erred in its construction…