In re De Leon

This proceeding was brought under section 1723 of the Code of Civil Procedure, which reads as follows:

The petition substantially alleges that, on the ninth day of April, 1872, Jose Francisco de Leon made, published, and declared his last will and testament, by the terms of which he devised the real property described in said petition to his daughter, Mrs. Virginia Leon de *539 Cima, to hold and enjoy during her life, with the provision that she could not sell or mortgage the same, and that upon her death the said property should “pass to her children in equal portions”; that the said testator died in July, 1873, and his will was thereafter admitted to probate, and Mrs. de Cima, who was named as the executrix therein, thereupon qualified and entered upon her duties as such; that in August, 1874, the court made a decree of distribution under the will decreeing “ that all of the property hereinafter described should go to and vest in the said Virginia Leon de Cima during her life, and upon her death the same should be divided between her four children share and share alike, to wit: Gertrudis Leon de Cima, Frank Cima, John Cima, and Arthur Cima, who were all the children of said…