Estate of Hinkel

Good Law
176 Cal. 563·1917 Cal. LEXIS 555·169 P. 70
Supreme Court of CaliforniaNovember 24, 1917S. F. No. 8317.California1,917 words

Opinion

Lead Opinion

Sloss, J.

Elizabeth Hinkel, as executrix of the last will of William Hinkel, deceased, appeals from two decrees of partial distribution made in favor of John Hinkel and Edgar W. Hinkel, respectively.

On November 4, 1914, William Hinkel’s will was admitted to probate, and Elizabeth Hinkel and Oliver L. Jones were appointed executrix and executor. The will bequeathed to each of seven nephews and nieces, children of the decedent’s brother Charles, three thousand dollars; to a niece and nephew, children of a sister, three thousand dollars each; to the widow, Elizabeth Plinkel (who prosecutes this appeal as executrix), the decedent bequeathed one hundred thousand dollars, in lieu of her community interest. The other provisions of the will are not material here.

A proceeding for revocation of probate was instituted by John Hinkel, a brother of William Hinkel, and two sisters of said decedent. In June, 1915, after a trial of the contest, probate of the will was revoked. On July 2, 1915, the three contestants, together with eight of the nieces and nephews named in the will as legatees in the sum of three thousand dollars each, entered into a written compromise agreement with Elizabeth Hinkel and…

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