Toland

The plaintiff brings this action against the-defendants to quiet his title to the undivided half of certain land in the county of Solano, claiming the same by succession from Mary B. Toland, who died seised of said land November 14, 1895. In answer to the plaintiffs claim the defendants allege that Mrs. Toland made a testamentary disposition of the-land, and that they are the beneficiaries under her said will, set *142 ting forth in their answer a copy of the will. The plaintiff demurred to this answer, and, his demurrer having been sustained, judgment was entered in his favor, from which the defendants have appealed.

The will of Mrs. Toland is olographic, and is as follows: “Being in perfect health and of sound mind, I, Mary Bertha Toland, make, publish, and declare this to be my last will and testament. Should my death occur before the expiration of the leases of my landed estate, I desire the firm of E. B. Mastick, Esq., and his partners, to receive all rents. So soon as the leases of rented lands are canceled, I desire the land to be sold, highlands and tules, with all improvements, to the best advantage.” She then gives directions for the disposition of her personal property…