Flanagan

This action was brought by plaintiff to cancel a so-called “waiver” of community property rights in the estate of James Flanagan.

James Flanagan made his will on March 29, 1929. By its terms he left considerable real and personal property to plaintiff. The remainder of his estate he left to a brother, a sister and a niece. At the time of its execution, plaintiff signed an instrument reciting that she was the wife of the testator, that she had read the will, and that “in consideration of the provisions made in and by said will” she elected to accept its provisions and conditions, including the disposition of the “community property”, and that she waived all claim of said community property. Upon the death of the testator the will was admitted to pro-hate. Thereafter this action was commenced by plaintiff against the executor and the residuary beneficiaries.. The trial court granted defendants’ motion for a nonsuit.

We think that the trial court’s action is fully sustained by the record. The “waiver” was in fact a contract, by the terms of which plaintiff accepted certain devises and bequests under the will in lieu of any rights she might have in any community property. Such an…