Kilborn v. Title Insurance & Trust Co.

Appeal from a judgment and order admitting a will to probate, and an order appointing respondent coexecutor thereunder without preliminary undertaking.

The facts are these: One W. H. Kilborn died seised of certain property in this state, leaving a will by which all of such property subject to testamentary disposition was devised to his wife, the appellant, and the Title Insurance and Trust Company, a corporation, as cotrustees, with directions to convert all of his real estate into money, invest and reinvest the proceeds, and pay the income thereof quarterly to a daughter during her life, if she should need the same for her comfortable support, and in the event such income should prove insufficient for such support, then such amount of the principal as the probate court might order. After the death of the daughter, the estate remaining, after payment of certain specified legacies, was devised to the heirs of the testator in the proportion and amount to which they would be entitled under the succession laws of California.

This will was filed for probate by the respondent corporation, accompanied by the usual petition, to the probate of which the widow, who had acquired by…