Estate of Washburn
Higgins v. Washburn
Opinion
Lead Opinion
Chipman, J.
Petition for final distribution of the estate of deceased. After making certain bequests of money, which have been paid, the will of deceased provides as follows:
“II.
“All the rest, residue and remainder of my Estate, of every kind and character, and wheresoever situated, of which I may die seized and possessed, I give, devise and bequeath to my brothers, Edward P. Washburn and John H. Washburn, of Wawona, and to Jay B. Cook of Yosemite Valley; in trust, however, to hold, manage and control, and to invest and reinvest the same in such manner as in their judgment may seem best, and to pay over to my beloved wife Jean Bruce Washburn for and during the term of her natural life one half of the entire net income arising therefrom, in monthly installments; and to pay over the other one-half of said net income in monthly installments to my daughter Jeanne Wash-burn Higgins, wife of C. C. Higgins for and during the term of her natural life:
It appears from the findings of the court that the estate is in condition to be closed; all the property was community property, to one-half of which Jean B. Washburn became entitled on the death of deceased; since his death his wife died, but…