Estate of Winsby
Opinion
lead Opinion
Sturtevant, J.
The decedent died testate, leaving him surviving a widow and several children. In due time a petition for partial distribution was filed by one of his sons, Edward George. That petition was heard and determined and a decree was entered in favor of the petitioner. The widow and one daughter being dissatisfied have appealed from that decree.
The decedent had accumulated considerable property. He owned large interests in United Iron Works, a corporation operating at Oakland, Standard Iron Works, operating at San Diego, and he also owned and. operated East Bay Auto Camp, which is located on San Pablo Avenue in Oakland. Commencing as early as 1921 the decedent commenced to construct and maintain the auto camp. He owned a tract of 5.13 acres near Forty-seventh Street and San Pablo. At that time, or shortly, thereafter, he leased an irregular piece of ground on the south side of the camp. The decedent’s tract was bounded on the south by two holdings. One holding was school property and the other holding was a neck of the property so leased as above mentioned. Continuing the south line of the school property in an easterly direction, the neck so referred to makes a tract 3.07 acres. As…