Panaud

By the Court,

Clement Panaud was duly appointed by the court of First Instance of the district of San José, as curator ad litem, for Isabella Alviso and Maria A. Alviso, infants under the age of twenty-one years, for the purpose of prosecuting this suit to recover certain real estate of the succession of their father and mother, Anastasio Alviso and Maria Antonia Altamarano. Panaud accordingly filed his complaint, alleging that the said Isabella Alviso and Maria A. Alviso were tbe legal descendants and heirs of Anastasio Alviso and Maria A. his lawful wife, that said Anastasio died in the Pueblo de San José about the 20th day of September, 1846, his wife having died some years before. The complaint sets forth that Anastasio Alviso, on the eve of his death, dictated a written instrument purporting to be his last will and testament, wharein he named Pedro Chevallo and Bias Alviso his testa *491 mentary executors, and directed them, if necessary, to sell the house and premises, to recover which this suit is brought, in order to pay certain debts. The premises were claimed to be a part of the community between Alviso and his wife. The will in question is as follows

*494 The…