Estate of McLaughlin

This is an appeal by Helen Harvey Holm, a niece of the deceased, from a decree of distribution.

Upon the death of Alice Quinn Harvey, who was a sister of this deceased and the mother of appellant, her estate was probated. By means of an omnibus clause in the decree of distribution in that estate Mary Quinn McLaughlin received an undivided one-eighth interest in the west one-half of lot 6 of the block bounded by O, P, Tenth and Eleventh Streets, in the city of Sacramento, together with the sum of $99.91 in cash. Subsequently Mary Quinn McLaughlin executed an holographic will among the terms of which she devised and bequeathed ‘‘ To Helen Harvey all my interest in and to that certain property left me as a part of the Alice Quinn Harvey Estate.” It was stipulated that subsequent to the acquiring of this interest in the Harvey estate and subsequent to the execution of her will, Mary Quinn McLaughlin sold and conveyed her interest in the real property for the sum of $2,484.13, which proceeds, together with said sum of $99.91 cash, was mingled with the funds of the estate of this deceased. Upon distribution of the estate of Mary Quinn McLaughlin, on the theory that the foregoing devise…