Estate of Kirby

Emma L. O’Neil Kirby died on the fifth day of May, 1924, leaving a last will and testament which was duly admitted to probate in the superior court of the city and county of San Francisco. A portion of the third paragraph of said will reads as follows: ‘‘ 3rd. I hereby direct that all of the estate of which I may die seized or possessed be sold as soon as possible after my death, the proceeds of said sale I hereby devise and bequeath as follows: 1. One third (1/3) thereof to Rev. Patrick Mulligan of St. Joseph’s Church, San Francisco, California, to do with as he sees fit.” Then follows a bequest of $500 to Jessie Weigmore, a second bequest of $500 to Rev. Patrick Mulligan “for masses for the repose of my soul and the souls of the members of my family,” a bequest of $300 to Abbie Bone and finally all the rest and residue of the' estate to Maud Junkins, whom the testatrix appointed executrix of her will. At the time of her death the estate consisted of the sum of $20 in money and a parcel of improved real property situated in the city and county of San Francisco, which was subject to a mortgage given to secure the payment of a promissory note for $2,100. During the administration…