Estate of Weber

This is an appeal on behalf of the surviv ing husband of Emily H. Weber, deceased, from the decree of final distribution of her estate. The appeal is presented on a printed transcript consisting of the executor’s first and final account and petition for distribution, the appellant’s objections thereto, the order settling the account and decreeing distribution under the will, and the notice of appeal from the decree. These several documents are accompanied by the certificate of the county clerk that they are true copies of the documents on file in his office. The appeal apparently was taken under the “old” method, but there is no judgment-roll and no bill of exceptions. It appears from the copy of the order appealed from that a hearing was had and evidence taken on appellant’s objections, which were then overruled. These objections raised two points—that property of the value of $153 listed in the account was community property, and that the will did not make a valid disposition of the property of the estate. We have no information regarding the nature of the evidence taken at the hearing. If addressed to the question of the interpretation of the will it should have been brought up…