Lavenbarg

I concur in the judgment but do not join in the determination that it is now appropriate to advise the probate court concerning the law applicable to appellant’s asserted right of contribution.

The controversy arose upon a petition by an administratrix for compromise of a claim against her decedent, and involves the construction of sections 750-753 of the Probate Code in their application to a situation which has not heretofore had the attention of this court.

The decedent, Guy D. Stevens, left an estate appraised at approximately $2,700, against which a creditor’s claim filed by his divorced wife Vera M. Stevens in the sum of $990, plus interest from November 14,1941, was allowed. His will, which is holographic, reads as follows:

The administratrix (decedent’s daughter, Elva L. Shetrone) filed a petition for interpretation of the will. At the hearing thereon (on April 19, 1943) there were present the administratrix, her brother Earl Stevens, and Edith Lavenbarg (named in the will as Edith Lavenberg). The latter is not a kindred of the decedent. By its order in that proceeding the probate court decreed:

1. That title to the property at 4501 Homer Street, Los Angeles, was vested in Earl Stevens and Elva Shetrone, subject to (a) the administration of this estate, and (b) the right of Edith Lavenbarg to use and occupy the premises and her option to purchase them for…