Estate of Higgins

This is an appeal from an order made on the application of certain attorneys under section 1616 of the Code of Civil Procedure fixing the sum of two thousand dollars as their compensation for extraordinary legal services in resisting a contest before probate of the will of deceased, and directing the payment of the same by the executor of the will from the moneys in his” hands belonging to the estate.

The deceased left an estate consisting entirely of community property. He left surviving him his wife, Phoebe B. Higgins, a daughter, Cornelia B. Chick, and two sons, Albert E. Hig gins and Herbert R. Higgins. By the terms of his will he purported to give „to his wife her one half of said community property, and divided the other one half as follows: One sixth to said Cornelia, two sixths to said Albert and three sixths to said Herbert. The effect of the will was therefore simply to take from Cornelia one half of the share to which she would have succeeded as an heir if deceased had died intestate and to give the same to Herbert. Herbert was named in said will as the executor thereof. He offered the will for probate. Objections to its admission to probate on the grounds of undue…