In re Estate of Smith

Appeals by the administrator with the will annexed, and by the widow, from the order settling the administrator’s final account, and from the decree of distribution.

Robert Smith died in April, 1891, and by his last will bequeathed one dollar to each of his four grandchildren, and the residue of his personal property among certain of his children; to his son William R., four-tenths thereof; to his son John A., three-tenths thereof; to his daughter, Jessie, three-tenths thereof.

Said will provided as follows:

The sons John A. and William R. were named as executors; both qualified, and both, after service, died before settlement of their accounts.

In July, 1893, the Robert Cardiff above named was appointed administrator with the will annexed, and in December of the same year filed, with his final account, a petition praying for its settlement and the distribution of the estate.

In January next the widow of the testator filed her written claim and notice that all of the property of her husband was community property, and that she claimed one-half thereof as being beyond his power of testamentary disposition.

Thereupon the widow of the son John A., as executrix of her husband’s…