Estate of Garrity

After a full consideration of this cause in Bank we are satisfied with the conclusion reached in Department, and with the opinion of Mr. Justice Harrison therein delivered. In accordance with said opinion the superior court is directed to modify the decree of distribution by striking therefrom the following proviso: “Provided that the sum of one hundred dollars of said distribution shall have been heretofore re *466 eeived by Thomas Garrity, and that the sum of fifteen dollars has been received by James Garrity”; and, as so modified, the decree is affirmed. The orders for a family allowance and settling the account are also affirmed; and the costs of this appeal are to be borne by appellant.

The following is the opinion of Mr. Justice Harrison above referred to, which was rendered in Department One, December 14, 1894:

—C. C. Garrity died testate June 4,1890. His will was admitted to probate in the superior court ■of Contra Costa county, and letters testamentary thereon issued to Jámes Garrity, November 24, 1890; and on January 7, 1891, the executor filed an inventory of the ■estate, which was appraised at $24,681.36. By his will the testator made certain legacies amounting to…