Estate of Traver

Charles Traver died in Sacramento County in 1901, leaving a will made August 5, 1897. At the time this will was made, his wife was living, and by its terms he bequeathed all his property to her during her life. He then provided, after reciting that all the property was community property, and that the will was only intended to convey that portion of it over which he had testamentary capacity, that “at the death of my wife, it is my will that one half of the property hereby given, devised and bequeathed to my wife during her lifetime, shall descend and go to Lott D. Norton, Charles T. Norton and Bussell Day, Jr., in equal proportions.” And then further provided that, “If my wife dies before I do, in that event I give, devise and bequeath one half of the whole of my property to Lott D. Norton, Charles T. Norton, and Bussell Day, Jr., or in the ease of the death of either of them, to their heirs by right of representation. ’ ’

These were the only provisions of the will disposing of his estate.

The testator’s wife died before he did, the effect of which was to vest in him. the entire community property, only one half of which was disposed of under his will; as to the other half he…