In re Estate of Sylvester

John Sylvester died November 13, 1881, in the city and county of San Francisco, of which he was a resilient, and in which he left estate, disposed of by a will admitted to probate December 12, 1881, upon a petition filed by the executor named therein, his brother, Daniel Sylvester, to whom letters testamentary were issued the same day, and under which letters the said executor entered upon his trust and took possession of the property of the estate, and has ever since remained in possession as such executor.

*113 The property, as described in the petition for probate, consisted of $8,259 on deposit in the Bank of California, outstanding debts amounting to about $2,000, three horses and two wagons and harness of the value of $500, and $32.82 on deposit in a savings bank; in all, about $10,791.82.

The will gave all his property to his brother, Daniel Sylvester, in trust to pay to testator’s son, Louis, then a minor, $100; to testator’s brothers, Balsar, Conrad, William and Henry, one dollar each; after the payment of all testator’s debts and bequests, the residue to be divided equally between his wife, Susannah Sylvester, and Maria Sylvester, the wife of his brother Daniel, the…