Estate of Walker

In Re Estate of Walker

Good Law
1925 Cal. LEXIS 319·196 Cal. 323·237 P. 1070
Supreme Court of CaliforniaJune 26, 1925Docket No. S.F. 11362.California2,737 words

Opinion

Lead Opinion

Lawlor, J.

The decedent, Mary Walker, died February 2, 1923, in Humboldt County, in this state. No husband or children, or the child of any deceased child, or father or mother, or brother or sister survived her.- As her only heirs at law she left certain nieces and nephews and grand nieces and nephews—the appellants here being among said heirs at law.

By a will dated October 16, 1920, the decedent devised certain land in the Mattole Valley, in Humboldt County, to Isam Walker and Levant Cook, nephews of her deceased husband, share and share alike. In the event of a sale or disposition of the oil and mineral rights of said land in the Mattole Valley, the will provided that the money realized or to accrue therefrom should be distributed one-third to Isam Walker, one-third to Levant Cook, and one-third to her own nephew, Louis C. Watts, the latter being an heir at law; that in case such sale was made by Isam Walker, under her authority, and he obtained a commission therefor, he should not receive a portion of the proceeds realized but, in that event, said proceeds should be divided equally between said Levant Cook and said Louis C. Watts. The residuary clause of the will named said Louis C.…

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