Estate of Warner

One Adam Warner died intestate in Sacramento county in January, 1906, and soon thereafter the appellant, his widow, filed a petition in the superior court of that county, asking that she be appointed administratrix of his estate. The respondent, a son of the deceased, filed a petition asking that he be appointed administrator of said estate, and also filed a contest to the petition of the widow.

The respondent concedes that the appellant is the widow of the deceased, and would ordinarily be entitled to administer upon his estate, but by his pleadings makes the claim that by virtue of the provisions of a certain written agreement she is not entitled to succeed to any part of the personal estate of the deceased, and therefore is not entitled to letters of administration. (Code Civ. Proc., sec. 1365.)

It appears from the record that just prior to the marriage of the appellant and deceased they entered into a written agreement with each other, the material parts of which are as follows: Adam Warner, in consideration of the marriage thereafter to be performed, agreed to support appellant and her minor daughter and to pay to the appellant the sum of $100 per year, and agreed that at…