Estate of Backesto

John P. Backesto died testate on March 17, 1890. In his will he gave to his wife a life interest in all his estate and provided that, after her death, the property should be sold and the proceeds equally divided among the children of certain brothers and sisters of decedent and of decedent’s wife, excepting the children of the decedent’s brother Henry, who should receive only one-half of the amount of the other children mentioned. The testator’s wife died on January 2, 1918. Thereafter this proceeding was instituted under section 1664 of the Code of Civil Procedure to determine the succession to the estate. The trial court held that the bequest of the will was made to the beneficiaries as a class composed of all the children of the persons designated living at the time of the death of the testator’s wife and that they should all take equally per capita, except that each of the four children of the brother Henry should receive only one-half of the amount taken by each of the other children. It was then found that twenty-two children were entitled to take under this ruling— eighteen in equal portions, and each of the four children of Henry in one-half of the portion of the others.…