Estate of Seipel

Katherina Seipei died on March 4, 1929. She left a will by which she bequeathed and devised her estate to her three daughters, the appellants and respondent, share and share alike, except certain jewelry, which she bequeathed to each separately. The will contained the following provisions: “ . . . provided, however, that if any of my said children shall commence any proceedings to contest this will, or shall fail to abide by any of its provisions, that then, and in that event all property be queathed or devised to such contesting or objecting child, shall not pass to her, except the sum of ten dollars, payable out of my personal estate, but shall belong to and become part of the residue of my estate, to pass under this will to the non-contesting and non-objecting children, share and share alike.”

On August 8, 1930, respondent filed a petition for a partial distribution to her of the sum of $1,000 and for the distribution to her of the jewelry bequeathed to her by the said will. The will was admitted to probate on March 20, 1929, and appellants duly qualified as executrices thereof. Appellants filed an answer to said petition both as executrices of said estate and as individuals.…