Estate

This is an appeal from a supplemental decree of distribution.

Ernest M. Mattley was a World War veteran. He died September 11, 1926, leaving an estate consisting of about $11,000. He also possessed an adjusted compensation insurance policy with the government of the United States of the value of $1561, and a separate war risk insurance policy of $10,000 with the government, in which his sister, Pearl Pinegar, was named as beneficiary. Upon proceedings duly had, his holographic will was admitted to probate in Amador County. The respondent Ralph McGee was appointed and qualified as executor thereof. The will is in the following language:

In due course of administration distribution of the $11,000 was made on April 15, 1927. The executor was not discharged. Neither the proceeds of the adjusted compensation policy, nor the war risk insurance policy were included in the inventory or distributed in the original decree of distribution. Regarding this omission the respondent, in his brief, says:

The adjusted compensation insurance amounting to $1561 was paid by the government directly to George E. Mattley. During her lifetime Pearl Pinegar, as beneficiary, was paid by the government…