In re Estate of Davis

W. W. Davis died intestate in the county of Butte, in this state, being a resident of said county at the time of his death, and leaving estate therein.

Two applications were made for letters of administration upon his estate, one by the public administrator of said county and the other by B. F. Woolner, as the nominee of Alice A. Davis, the widow of said deceased.

The court granted the application of the public administrator, and denied that of Woolner, and the latter appeals.

At the hearing it appeared that on the seventh day of May, 1878, the said W. W. Davis and Alice A. Davis, his wife, entered into written articles of separation, whereby they agreed to divide their property, relinquish all claims of every nature upon the property of each other then owned or thereafter to be acquired, and to immediately separate and live apart from each other during their natural lives. In these articles Alice A. Davis, the wife, stipulates and agrees, for the consideration expressed, “ that she will receive the same in full satisfaction of all claims she may have as the wife of said W. W. Davis on any property he now has or may in any manner acquire; .... and hereby does relinquish and…

I concur in the judgment and in the opinion of Mr. Justice Van Fleet. It is to be observed, however, that the case was tried and is argued here upon the theory that by the “ articles of separation” Mrs. Davis relinquished all her rights as heir of her husband. As to the question whether or not she did so relinquish her heirship, I express no opinion. The language of the said articles is very different from that employed in the case of the Estate of Garcelon, 104 Cal. 570 .