Estate of Radovich

This is an appeal from an order refusing to direct payment of a legacy. Testator made the following legacies: To his brother Biaggio Eadovich, $1,000 ; his brother Antonio Eadovich, $1,000, and two coffee-stands; to his sister Angelica., $500; to his sister Annetta, $500; to Domingo Gfhirardelli, $2,000, “ to be by him expended and laid out for the education and welfare of my nephew Giovanni Eadovich.”

The will then contains the provisions:

Said Ghirardelli and two others were named executors.

Testator died December 24th, 1869, leaving estate" in this State, cash in the hands of said Ghirardelli, $10,564, and other property of the value of $2,850; real estate in Virginia City, Nev., under lease. From the Virginia City property the executors have received $15,878.50 rents, and $3,500 insurance of one building. From property in this State they have received $2,670.48; about $2,500 being from Ghirardelli, who has become bankrupt, and under agreement with the coexecutors, his debt is being paid by installments. By the account of the executors rendered April 5th, 1876, the balance of cash on hand was $9,741.49, consisting of the insurance money and rents from the Virginia City…