Rupley

This is an appeal from a judgment in a probate proceeding determining heirship.

Appellant, William A. Rupley, is the administrator of the estate of his father Charles Joseph Rupley, deceased, who was the son and heir of Joseph Rupley, deceased. In his petition to determine heirship he alleged that the estate of Charles Joseph Rupley is entitled to a distributive share and interest in the estate of Joseph Rupley and that the other heirs are Frederick A. Rupley, Elmer O. Rupley, Genevieve Marie (Rupley) Noto and Joe Rupley, and that he, as the representative of the estate of Charles Joseph Rupley, and each of the other named heirs is entitled to a one-fifth distributive interest in said estate of said Joseph Rupley.

It is further alleged and it appears that the estate of Joseph Rupley, deceased, consisted of separate property which decedent had acquired prior to his marriage to his wife Ruth, who survived him. The estate consists of both real and personal property. It is conceded that all of said property was the separate property of said deceased.

Ruth A. Rupley has since died and Myrtle B. Applegate is the administratrix of her estate. The will of Joseph Rupley, insofar as is…