Broaddus

The facts may be stated substantially in the language of appellants, as follows: Mary F. Broaddus died intestate in October, 1906. At the time of her death she had been a widow for more than thirty years. Two children, both daughters, were born to her during coverture. One of these, Jane, died in 1885 and the other, Mary Ann, in 1906. The sons and only heirs of the daughter Mary Ann are defendants and respondents and the descendants and heirs of the other daughter are plaintiffs and appellants herein. Prior to the death of the daughter, Jane, the mother had broken up housekeeping, divided her household effects between the two families, spent part of her time with one and part of the time with the other daughter until Jane’s death, when she went to live with Mary Ann and remained there until the latter’s death, as aforesaid, in 1906. On Octo ber 27, 1904, and for a long time prior thereto, the said Mary F. Broaddus was the owner and seised in fee of a certain tract of land in Mendocino county of the value of about $7,000, and it is claimed that at the time of her death she was the equitable owner and entitled to the possession of the same, and that plaintiffs, by right of…