Estate of Hull

This is an appeal from a decree of final distribution in the matter of the Estate of Thomas L. Hull, deceased. Appellants object to the decree because it proceeds upon the theory that a fee-simple estate in certain real property was devised to Mary M. Hull by the last will and testament of Thomas L. Hull, deceased, her husband. The only question involved is the construction of certain language in the will, as follows:

The legal representative of Lee D. Hull and Anna May Hull contend for a construction of the will which will give the widow a life estate and the remainder to the other persons named.

The language of devise to the wife contains no words of limitation. It is also legally significant that the direction to give the property, or the remainder thereof, to the son is addressed to the devisee and not to an executor. In the case of Estate of Mitchell, 160 Cal. 618 [ 117 Pac. 774 ], quoting from another California case ( 132 Cal. 666 [ 61 Pac. 964 ]), it was said that, while the desire of a testator for the disposition of his estate will be construed as a command when addressed to his executor, it will not, when addressed to his legatee, be construed as a limitation upon the…