Estate of Rickey

This appeal is by certain heirs at law of Thomas B. Rickey from a judgment of nonsuit in an action in which they sought the revocation of an order admitting to probate a certain instrument as the will of Thomas B. Rickey, deceased.

Thomas B. Rickey died on January 11, 1920, and an instrument in writing was admitted to probate as his will by the superior court of the county of Alameda, state of California, on January 27, 1920. By this instrument the appellants and contestants were left small legacies with the statement that the testator had made gifts to them at different times, a sister of the testator was given $100 a month for the remainder of her life, together with such additional sums as might be necessary for unusual expenses, such as illness, etc., the wife and youngest daughter of the testator, the proponents of the will, were given $5,000 each and the income from the bulk of the estate was to be enjoyed by the wife and said youngest daughter of the testator during their joint lives, said youngest daughter taking the residuum of the estate after her mother’s death. By the will, the wife and youngest daughter were named as executrices to serve without bond, and they were…