In re Estate of Redfield

When this cause was pending in Department, an opinion was prepared by Commissioner Britt, and concurred in by Commissioners Vanclief and Haynes. The case was subsequently ordered into Bank. After a full hearing by the court, and a careful examination of the entire case, we are satisfied that we cannot give better expression of our views than by adopting Commissioner Britt’s opinion, which we accordingly do; and, for the reasons therein stated, the order appealed from is reversed, and cause remanded for a new trial.

The following is Commissioner Britt’s opinion:

Mary A. Redfield, late of the city and county of San Francisco, died of pulmonary consumption October 4, 1891, being then aged about fifty years. She left a will, executed September 14th next previous, which was admitted to probate on October 21, 1891; by its terms she disposed of the whole of her estate, which was of the value of seventy-three thousand dollars or *642 thereabouts. Her maiden name was Bowden; she was married in 1870 to one Francis S. Redfield, who died in 1881, and from him she derived the property which, with its accretions, was the estate disposed of by said will. The legacies given by the terms of the…