Estate of Carothers

This is an appeal from a judgment and decree of final distribution in the estate .of Andrew Carothers, deceased.

There has been an appeal in this estate which involved the validity of a decree of partial distribution. (Estate of Carothers, 161 Cal. 590 , [ 119 Pac. 926 ].) The said decree sought to distribute to Earl D. White a half interest in a small part of the realty of the Carothers’ estate,-claimed by him under a deed to his predecessor from the widow of John Thomas Carothers. This court reversed the order and decree from which the appeal was taken and in its opinion interpreted the will of Andrew Carothers. It was held that a life estate in the realty was given to Eleanor Carothers and William P. Carothers, the wife and eldest son of decedent. The will contained the following words referring to the death of Mrs. Eleanor Carothers: “At her death said land with all the improvements and proceeds thereof vests absolutely in and is the property of said William P. Carothers, that in case said William P. Carothers dies without issue his property herein specified becomes the property of John Thomas Carothers, and at his death goes to Elizabeth Witherspoon.” It was held that these…