In re Estate of Walkerly

William Walkerly died testate upon September 16,1887, leaving as heirs at law his widow, *638 Blanche M. Walkerly, and a posthumous child born February 14, 1888.

This appeal is by the widow and the minor child from the decree of distribution rendered in the matter of his estate.

Upon June 2, 1887, Walkerly executed his will containing the following provisions:

Upon September 7, 1887, he republished said will with the following codicil thereto:

Upon the hearing of the petition for distribution the court, first making certain findings of fact hereinafter considered, rendered its decree, which itself contained a recital of the findings of fact above adverted to, and which, after further specifically setting forth the proceedings in probate showdng that the estate was ready for distribution and that the widow had remarried and *642 was the wife of William F. Burbank, made distribution as follows:-

The residue so distributed to the trustees comprised the Walkerly block, block 121 in Oakland which had been set apart to Blanche Walkerly and the child as a homestead during her widowhood, and personal property consisting of moneys to the amount of four thousand six hundred and fifteen…