Estate of Lynch

This is an appeal by Dennis Lynch, nephew of the deceased, and claiming to be a devisee under his will, from an order denying his petition for partial distribution of the estate of said deceased/ and declaring that he is not entitled to any of said estate under the provisions of the will.

Omitting the provisions giving other legacies and devises, the portion of the will material to the right of appellant is as follows: “In the name of God, Amen. I, Dennis Lynch, of the county of Tulare, state of California . . do make, publish and declare this my last will and testament, in the manner following that is to say: . . . Seventhly: I give and bequeath to Dennis Lynch, my nephew, all that certain lot, piece, or parcel of land lying and being in Tulare County, state of California, and described as follows, to wit: the S. of the N. W. % of sec. 1, T. 21, R. 27 E.” It will be observed that the land described in the seventh clause of the will was the south half of the northwest quarter of section one. The appellant’s petition for distribution asked that there be distributed to him the west half of the southwest quarter of said section. The appellant’s contention is, that the will must be…