Estate of Brown

Good Law
119 Cal. App. 195·1931 Cal. App. LEXIS 94·6 P.2d 319
Court of Appeal of CaliforniaDecember 12, 1931Docket No. 4522.California1,746 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal from a decree of partial distribution. The review involves only the construction of the terms of a will to ascertain the intention of the ■ testator in the devise of real property.

Mr. Thomas J. Brown, the testator, was an elderly unmarried gentleman who owned a tract of land in block 44 of the city of Redding upon which he had constructed five cottages for the purpose of renting. For many years he' resided in one of these cottages. It was a two-room cabin fronting on Sacramento Street, but set back from this street a considerable distance. The approach and main entrance to this house was from Sacramento Street. It had no street number. Some time subsequent to the construction of the cottage in which he resided, the testator built on lot 5, block 44, of this tract of land a three-room cottage which was numbered 506 and fronted on South Street near the property line. South Street was on the opposite side of the block from Sacramento Street. This cottage, including the side porches and a woodshed at the rear, is about 24 by 40 feet in dimensions. The rear of this house was situated only about ten feet from the rear of the building occupied by the testator. A porch…

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