Prior
Prior v. Andrews
Opinion
Lead Opinion
Bartlett, J.
This action was commenced by the filing of a complaint in the superior court of the city and county of San Francisco on May 22, 1924, the action being numbered in that court 146,986, the relief sought being a partition of seventeen parcels of land situated in the counties of San Mateo, Santa Clara, Alameda, and the city and county of San Francisco, California. Plaintiffs James K. Prior, Jr., Toney Prior, and Josephine Metzner and defendants Matilda Andrews and Leland S. Prior are surviving children of James K. Prior, Sr., and Mary Prior, defendants Pearl Gladys Barnett and Fred E. Delger are surviving children of one Margaret Delger, a deceased daughter of James K. Prior, Sr., and Mary Prior and defendant Lester F. Prior is a surviving son of a deceased son of James K. Prior, Sr., and Mary Prior.
James K. Prior, Sr., former record owner of these properties, died testate on March 22, 1905. By his will, executed February 19, 1903, he devised one-half of the community property of which he died possessed to his wife Mary Prior, bequeathed $5,000 to Mary Prior in trust for Lester Francis Prior, a grandson; bequeathed $200 and his watch and chain to his son Toney Prior, and devised and…