Estate of Hisey

On July 20, 1927, the last will and testament of Allen H. Hisey was admitted to probate, and the petitioners were appointed executor and executrix thereof. Subsequently the respondent filed her petition for the distribution to her of certain moneys which had come into the hands of the executors from the sale of timber growing on community real property in the state of Texas. The probate court made its order distributing the proceeds of the sale to her, and the devisees named in the will other than the respondent, having contested the petition in the court below, are here upon an appeal from that judgment.

The question involves a construction of the last will and testament, the governing portions of which are as follows: “Third: I desire that my wife shall take a one-half (%) of the community property to which she is entitled under the laws of the State of California and that the remaining one-half (%) over which I have testamentary disposition be distributed as follows: One-sixth to my wife, Minnie Myers Hisey,” (here follows three devises of 5/18 each to a brother and two sisters, the appellants). “Fifth: I hereby nominate, constitute and appoint my wife, Minnie Myers Hisey, and…