In re Estate of Pearsons

This is an appeal by the St. Francis Technical School and Elizabeth Malone, superioress thereof, from a decree of final distribution, and also from a decree settling the final account of the executor.

The deceased, Pearsons, left a will, in which he provided, among other things, that certain specific property should be sold and “the proceeds of such sale be equally distributed among the orphan asylums of the city and county of San Francisco. And the said asylums I request to be designated by the judge of the probate court.” There were a large number of applicants for distributive shares of this fund, each claiming to be an orphan asylum within the meaning of the said clause in the will. On December 20, 1894, the court made a decree by which the claims of some of the applicants were allowed and those of others denied. An appeal was taken from that decree to this court and the decree was reversed; and the opinion of this court on that appeal quite fully sets forth the principles upon which the court below should he governed upon another hearing of the case. (See In re Pearsons, 113 Cal. 577 .) After *287 the going down oí the remittitur the matter was heard again by the superior…