Estate of Cowell

At the close of the argument Shaw, J., delivered the opinion of the court, Sloss, J., and Lawlor, J., concurring:

The record in this case presents an appeal by certain heirs of Ernest Y. Cowell, deceased, from an order of partial distribution of the estate of Ernest V. Cowell, distributing to Yalente one thousand dollars under the sixth clause of the will. That clause has been before this court heretofore in the Estate of Cowell on the application of Minkel, reported in 167 Cal. 229 , [ 139 Pac. 84 ], The legal questions arising under the will have all been settled in that ease and in the case preceding it in the same volume. The only question presented here is whether or not Mr. Yalente had been an employee of The Henry Cowell Lime and Cement Company for three years or more preceding January 1, 1911, the date fixed in the will. It is a mere question of the sufficiency of the evidence to sustain the finding, and of course the rule is too well known to require more than the statement that whenever the evidence is in conflict this court cannot interfere with the finding of the court below, if the conflict is substantial. Taking this evidence as a whole, there is ample…