Estate of Gartland

Appeals were taken from the portion of a final decree of distribution which found all the estate to be community property, and from the order allowing a claim of respondent against the estate. The appellants are two sisters of the deceased who were beneficiaries under the will.

James Gartland died November 30, 1927, leaving a will which read: “San Francisco, Feb. 23, 1926. This is my last will and testament. All former wills are revoked. I leave and bequeath Five Thousand Dollars ($5000.00) to my sister Mrs. Gertrude McMahon and Five Thousand Dollars ($5000.00) to my sister Miss Catherine Gartland. Both bequests to be paid them at the rate of $25.00 each monthly. I appoint my dear wife, Anna G. Gartland executrix of my estate to serve without bonds—The balance or residue of my estate I bequeath to my dear wife, Anna G. Gartland (signed) James Gartland.” The surviving wife presented a claim for $10,000 for money which she had loaned her husband on February 11, 1926. The probate court allowed the claim for $5,000. The appraised value of the estate available for distribution was about $17,000, all of which the court found to be community property. After deducting the amount of the…