Mackay

The deceased, Patrick N. Mackay, died, resident of the city and county of San Francisco, on the 21st of April, 1893, leaving a last will, wherein appellants were named as executors thereof. Subsequently said will was duly admitted to probate in the superior court of said city and county, and letters testamentary thereon were issued to appellants.

Among other things the will provided: “Third. I bequeath to my said executors in trust the sum of fifteen thousand dollars, which I direct them to invest in such security as they may deem advisable, and to pay the income thereof to Hattie Schenck, housekeeper, presently residing at Ho. 1625 Polk street, in the city and county of San Francisco, state of California, during her life.”

In August, 1894, the respondent filed a petition in the superior court, setting up in substance, among other matters not necessary to recite, the fact of decedent’s death and the admission of his will to probate, setting out the provision of the will above quoted, and stating that she was the same person referred to in said provision as Hattie Schenck; that notice to creditors had been published and that more than a year had elapsed since its first…