Estate of Sharp

Motion to dismiss an appeal.

The last will and testament of Honora Sharp, deceased, was duly admitted to probate in February, 1905. On June 6, 1907, R. H. Lloyd and A. B. Spreckels filed their petition, asking for an order directing the payment of a bequest to-them of $200,000 made by the last will of deceased. James O’Donnell and several other parties, claiming to be all the surviving cousins and heirs at law of said deceased, filed a paper denominated “Answer and Cross-complaint, or Opposition to the Petition,” in which they alleged and claimed that the bequest of $200,000 was in fact a secret trust, made for the purpose and with the design of evading the laws of the state of California, limiting the amount' of charitable bequests and devises to one-third of the estate. To the answer and cross-complaint so filed petitioners filed a demurrer, claiming that the petition did not state facts sufficient to-entitle petitioners to any relief; that the will of deceased disposed of all her property; that the alleged heirs were not persons interested, and that the probate court had no jurisdiction to declare a secret or resulting trust upon the property devised and bequeathed absolutely…