Estate of Franck

This is an appeal from an order of partial distribution. Ella Hubbard Franck died testate on the 20th of February, 1917, being at the time of her death a resident of Reno, Nevada. She left an estate in California, a considerable portion of which was in the city of Richmond, and her will was duly admitted to probate in the superior court in and for Contra Costa county. Letters testamentary were issued to the appellant, who was named in the will as executor and also as the residuary legatee and devisee.

The portions of the will germane to this appeal are as follows:

Mary Ray Spencer, through her guardian, applied to the court for distribution to her of the property to which she was entitled under the will. Appellant, as executor, filed an objection to the petition. At the hearing it was established by competent evidence that the real property devised by the fifth paragraph of the will to Mary Ray Spencer was improved; that the building erected thereon was known as the “Raymond Apartments” and that said apartments were “rented furnished, and that the furniture, fixtures and other personal property situated therein had at all times been used as a part of the apartments.” By its…