Bennallack

Appeal by Samuel Granger from an order appointing a receiver. Mary A. Bennallack, in March, 1895, commenced an action in the superior court of Nevada county against William G. Richards, Prancis S. Richards and James Bennallack, as executors of the last will of Philip Richards, deceased, and William G. Richards, Francis S. Richards, and William S. Richards, personally, to quiet her title to lot 28 in block 30, in Nevada City.

A sufficient statement of facts may be made without attempting a synopsis of each different pleading. Philip Richards, in May, 1887, died testate, seised of said lot. His will was duly probated, and William G. Richards, Prancis S. Richards, and James Bennallack, who were nominated therein as executors, were appointed and qualified as such. Certain legacies or “money bequests” were made in the will, and the testator’s brothers, Francis S. and William S. Richards, were named as residuary legatees.

The will directed that no part of the estate be sold until two years after the testator’s death; that in the meantime the executors should collect the rents, and after paying taxes, et cetera, the remainder should be applied to the payment of said "money bequests.”…