Estate of Turner

This is an appeal from a decree of partial distribution made and entered in the matter of the estate of Mary E. Turner, deceased. The appellant is the brother and heir of said decedent and is also one of the distributees under the decree of partial distribution from which this appeal has been taken. The respondent is the administrator with the will annexed of the estate of said decedent. By the terms of said will certain real property in San Francisco was devised in equal undivided shares to her said brother and to one A. Basletta. There was also devised to Basletta the whole of certain real estate in the county of Fresno. The record shows that a petition for letters of administration with the will annexed was made on behalf of said Basletta, but that upon a hearing thereon said petition was dismissed by the court. Thereafter the respondent Harmes applied for and received letters of administration with the will annexed in said estate. Thereafter and on January 8, 1920, the court having jurisdiction of said estate made and entered a decree of partial distribution upon the application of said Herrick, wherein it was ordered that there be distributed to said Herrick an undivided…