Estate of Barclay

This is an appeal by one J. C. Blaekinton from a decree determining the respective interests of claimants under the will of deceased, given in a proceeding under section 1664 of the Code of Civil Procedure, and from an order denying his motion for a new trial.

The deceased died testate January 3, 1895, leaving as her heirs at law five surviving children, H. A. Barclay, F. H. Barclay, D. E. Barclay, S. C. Blackinton (the wife of appellant), and Lenore Gillmore. Said S. C. Blackinton died intestate on January 29, 1896, leaving surviving her husband (appellant) and their minor son, Roswell, aged about two years. Said son Roswell died June 15, 1896, and the whole estate of S. C. Blackinton was subsequently distributed to appellant. As the successor of his deceased wife, appellant claims a portion of the estate of this deceased.

On June 18, 1894, deceased executed an holographic will. By this instrument, after directing payment of her just debts, she specifically devised certain real property, known as the Alhambra property, and certain household goods, to her two daughters, “the coins” to H. A. Barclay and D. E. Barclay, and an oil painting to each of her five children. The will…