Estate of Henderson

This is an appeal from a decree of partial distribution. J ames W. Henderson died on July 13,1910, leaving a will which was admitted to probate in the county of Humboldt. The will, which was holographic, was dated October 3, 1905. By its first and second paragraphs the testator declares his desire to save trouble to his wife and children and to deal justly and fairly by all for whom he makes provision, and appoints as executors his wife, Amelia J., his daughters, Ida H. Sevier and Alice J. Henderson, and his son, George Y. Henderson. Paragraph 3d, disposing of the estate, reads as follows:—-

The wife, Amelia J. Henderson, died after the making of the will and before the death of the testator. Surviving the testator as his heirs at law were his son, George Y. Henderson, and the two daughters, Ida Sevier and Alice J. Henderson, named as executor and executrices of his will, and two grandchildren, James W. Henderson and Ruth Henderson, son and daughter of E. W. Henderson, a son of the testator, who had died prior to the making of the will. The proceedings now before us were instituted by a petition for partial distribution presented by George Y. Henderson, Ida Sevier, and Alice J.…