Estate of Sayles

The last will and testament of Edna Sayles, deceased, was admitted to probate on December 17, 1929, and letters testamentary issued thereon. She left surviving her neither issue, husband, father, mother, full brother or sister, nor the issue thereof, but left two half-brothers and two half-sisters and their children. By the terms of her will she disposed of all her property to certain named persons, among them the halfi brothers and sisters and their children. Claiming to be a cousin of the decedent and an inheritable heir, the appellant filed his contest of the will, alleging want of due execution and incapacity of the decedent to execute such an instrument. In his petition of contest the appellant also alleges that all of the property of which the decedent died seised came to her by descent and devise, and that a proper construction of section 254 of the Probate Code (formerly sec. 1394 of the Civ. Code) would exclude her half brothers and sisters from inheriting any portion of the estate, causing it to thus fall to the contestant as a cousin german. The proponents of the will demurred to this petition, urging that the appellant was not an inheritable heir of the decedent under…