Kwasky

Appeal from a judgment of final distribution under a will and codicil.

Appellant and respondent (herein Lois and Virginia, respectively) are sisters, daughters of the testatrix. Her husband, the parties’ father, was Lutral E. Moore. The testatrix executed her will on July 11, 1953. The will appointed *947 Lutral E. Moore her executor and instructed him to perform the conventional functions, including the payment of debts, expenses and taxes.

In the paragraph designated “Sixth” in the 1953 will, the testatrix left her entire estate to Mr. Moore. In the event of his predecease, or of the deaths of both husband and wife within 90 days of each other and from a common calamity, the estate was to go to Lois and Virginia: $15,000 in value to Lois and the balance of the estate to be divided between her and Virginia in equal shares.

Lutral E. Moore died in 1957, the testatrix surviving him. On July 30,1958, she executed a codicil reading as follows:

The testatrix died in 1962. The 1953 will and the 1958 codicil were admitted to probate. Virginia was appointed executrix and served as such while Lois, in other litigation not involved on this appeal, made several unsuccessful attacks upon…