Adams

This action arose out of the following facts: Thomas Prather and Julia P. A. Prather were husband and wife. On April 6, 1906, Julia died leaving an estate of some six hundred thousand dollars which she made the subject of testamentary disposition by a holographic will in form as follows:

In due time proceedings for the probate of this will were commenced in the superior court of Alameda County, but no decree of distribution of the estate was at any time made, and as yet the estate is unadministered.

On April 2, 1913, Thomas Prather was attacked with his last illness, as a result of which he died on April 19th following.

On the date when taken ill Thomas Prather owned, exclusive of any interest in his wife’s estate, property of the value of approximately one hundred and six thousand dollars, and owed debts, thereafter proved and allowed against his estate, in the sum of approximately two hundred and thirty-four thousand dollars, all of which had been contracted by him after the death of his wife and all of which were due and payable on said April 2d, and none of which is shown or claimed to have been incurred by him as executor in the care and management of his Wife’s…