Raskin

Jean Leonis, plaintiff’s testator, died March 6, 1888, leaving his last will, by which he gave and bequeathed to his brother, Miguel Leonis (defendant’s testator), all and singular, his property, “real, personal and mixed, of whatsoever nature, and wheresoever the same may be, of *466 which I may be the owner, or of which I may be possessed, or of which I may be entitled to perfect the title thereto, at my death,” and nominated said Miguel as the executor of said will to act as such without bond. On April 16, 1888, the will was admitted to probate in the superior court of Los Angeles county, and said Miguel duly appointed executor thereof, and thereupon Miguel qualified as executor, and continued to act as súch until September 20, 1889, when he died testate; and the defendants were appointed executors of his will on October 11, 1889, and on October 24, 1889, first published notice to the creditors of the estate of Miguel, and the term of ten months within which claims against the estate should have been presented expired on August 24, 1890. On September 3, 1890, the plaintiff, Charles Raskin, was appointed administrator with the will annexed of the estate of Jean Leonis, to fill…