Estate of McCrum

This is an appeal from a decree of partial distribution. The appellants had filed objections to the petition for partial distribution, asking that it be denied until their claim of heirship had been determined. The objections were overruled and the probate court made findings to the effect that the appellants were not heirs entitled to succeed to any portion of the estate.

The appeal is presented upon typewritten transcripts.,

Helen McCrum died testate in the city and county of San Francisco on March 27, 1926. Her husband, Hugh McCrum, died intestate on June 27, 1902; there was no issue of the marriage and at the time of the respective deaths of both Hugh McCrum and Helen McCrum they left no issue, parents, brothers, or sisters. The will of Helen McCrum was holographic and was executed on January 15, 1926. This will, after making numerous charitable bequests and bequests to friends and blood relatives of the testratrix, contained the following clause, which is the subject of the controversy here: “I wish my husband’s family to share and share alike the remainder of my property in accordance of promise I made my husband, Hugh McCrum.” At the date of the execution of the will and…