Estate of Moore

This is an appeal by the contestants in a contest of a will where the proceeding was commenced after the will had been admitted to probate. George A. Moore was married twice. By his first wife he had several children—George J., Herbert B., Harry T., Mary F., and Jane W. By his second wife, Mary Ellen, he had no children.

George A. Moore died testate in the year 1916, and by the terms of his will he left his property to his second wife, Mary Ellen. After due proceedings had, she received $16,000, which the record shows was community property. His widow, Mary Ellen, continued to live on until the fourteenth day of August, 1920, when she died testate, leaving her surviving at least one sister, and one nephew residing in Humboldt County. After her death her will was admitted to probate, and the proponent and respondent, Harry W. Lobb, was, on September 2, 1920, appointed, in accordance with the provisions of her will, sole executor thereof. Thereafter this proceeding was commenced, and on March 13, 1922, the second amended petition was filed. Later the respondents interposed a demurrer, the demurrer was overruled, he filed an answer and a trial was had. The trial of the issue,…