Estate of Walker

Cornelius Walker died, intestate, on November 20, 1913. Mabel A. Nason, Ms daughter, applied for letters of administration upon Ms estate, claiming to be Ms sole heir. Mabel E. Walker, the widow of the deceased, also applied for letters. The two applications were heard together, and the court thereupon made an order grantmg letters to the daughter and denying the application of the widow. From this order the widow appeals. ' •

Mabel A. Nason was the daughter of the decedent by a former marriage and was not the daughter of Mabel E. Walker. The case turns on the right of the widow to succeed to a part of the personal estate of the decedent, under a written agreement between her and the decedent, executed on November 8, 1911. Under section 1365 of the Code of Civil Procedure, if by reason of that instrument she is not entitled to succeed, letters of administration could not, of right, be issued to her upon his estate. At the time of the execution of the agreement, the decedent and Mabel E. Walker were husband and wife. The agreement was in effect as follows: The opening clause recited that the parties were engaged in the piano business and that "Whereas, each of said parties is…