Estate of Zilke

Appellants are the sister and the several nephews and nieces of the deceased. Respondents are seven orphan asylums of the city and county of San Francisco. This appeal is taken upon a bill of exceptions from that portion of the decree of final distribution which distributed the entire estate in equal shares to the seven respondents.

The olographic will of the deceased, which was duly admitted to probate, read as follows:

Upon the hearing of the petition for distribution it was stipulated that appellants are the heirs at law and next of kin of the deceased and “that the following organizations are orphan asylums and that said orphan asylums and each of them are situate in the City and County of San Francisco— (naming the seven respondents)”. No further evidence on the subject was offered and the decree was entered as above indicated. In the briefs it is assumed by the parties that there is no institution, association, or corporation bearing the name “Offens home of San-Franeisco” or “Orphans’ Home of San Francisco,” and it is further assumed that the seven respondents conduct all of the orphans’ homes in San Francisco. We find no evidence in the record to justify these…