In re Estate of Pearsons

This proceeding was brought by the executor of the last will and testament of Hiram Arthur Pear-sons, deceased, to obtain a construction of the second and third clauses of that instrument.

The will is olographic, and was dated at San Francisco, August 9, 1882. The testator died at Chicago, Illinois, July 7, 1889, at the age of twenty-eight years. He was the only child of Hiram Pearsons and Aim Charity Pearsons, who died prior to the execution of his will. He had no profession, was never married, and left surviving him uncles and aunts parties to this proceeding, but not named in the will, who claim as next of kin and heirs-at-law that part of his estate, as to which it is alleged he died intestate, by reason of the devise to charity exceeding the statutory limit.

t The clauses referred to are as follows:—

It appears that the property thus devised had a frontage of 178 9-12 feet on Clay Street, running through the block with a uniform depth of 115 feet to Merchant Street, and was originally owned by Hiram Pearsons, the father of the testator, who in his lifetime granted by deed absolute to his son the westerly 68 9-12 feet of the 178 9-12 feet of the property in question. The…