Estate of Bryan

Plaintiff sued under section 1723 of the Code of Civil Procedure to terminate the life estate of Elizabeth Bryan in real property situated in Sonoma County. The defendant had judgment and the plaintiff has appealed' upon a bill of exceptions.

Thomas J. Bryan died testate on April 19, 1882. His wife, Elizabeth Bryan, was named as executrix in the will, and to her he left, during her lifetime, all his estate, both real and personal, and upon her death he devised to all his children then living all this estate, to' be divided equally among them. Six children of the union survived the mother, whose death occurred July 9, 1924; they are now the sole heirs at law claiming under this will, and the plaintiff, who is one of these surviving children, sues on behalf of herself and the other five.

During the course of the administration of the estate of Thomas J. Bryan, Elizabeth Bryan, as executrix thereof, petitioned the probate court for leave to sell the property now in dispute. In conformity with an order of sale therefor the property was sold to • one J. L. Winans on August 21, 1891. The purchaser thereupon entered into possession and executed a mortgage thereon. In pursuance of…