Carlson

This is an appeal from a decree granting the executors’ petition for preliminary distribution of approximately $50,000 of the assets of the estate of George H. Sandy, hereafter referred to as George or the testator. Appellants are the collateral heirs of George’s subsequently deceased widow, Laura M. Sandy, hereafter referred to as Laura. The question on appeal is whether appellants’ objections to the preliminary distribution were properly overruled on the grounds that appellants had no interest in George's estate. The case is one of first impression as it relates to the proper construction of the pertinent part of section 1000 of the Probate Code.

A chronological review of the facts follows: George H. Sandy died testate on September 9, 1960. His will was duly admitted to probate on October 4, 1960, and respondents were appointed executors. George’s only heirs were Laura, his two sisters, Isabel and May, and May’s two daughters. The will declared that substantially all of the testator's property was his separate property, gave Laura all the personal and household items and the usual election of taking under the will in lieu of her community property interest. The will then…