Estate of Wilson

This is an appeal from a decree of distribution involving the construction of a will and the ascertainment of the intention of the testatrix as expressed in her will regarding which of two classes of persons should be the beneficiary of a certain contingent remainder created by the will.

On behalf of the appellants who comprise nineteen nieces and nephews of the testatrix it is contended that it was "the intent of the testatrix to designate as the objects of her con tingent bounty that class of persons who under the law as she knew it to be at the time of the execution of her will were her heirs as provided by law in the event of intestacy and the failure of issue. While on behalf of the respondents who are the collateral relatives of her predeceased husband it is contended that it was the intent and purpose of the testatrix as disclosed by her will to have her property go to that class who would toe her heirs in the event of intestacy under the law as the law might be at the time of the vesting of the contingent remainder.

By her will dated April 30, 1806, which was prepared by “an attorney of recognized standing and ability throughout the state of California,” the testatrix…