In re Estate of Nelson

Andrew Nelson died in San Francisco on January 1, 1901, leaving a will which was admitted to probate on January 23, 1901, and the executrix named therein *443 was on that date appointed and immediately qualified and entered upon the discharge of her duties. All the obligations of her office having been fulfilled and the administration of the estate brought to the point of final settlement and distribution, the executrix prays that the property may be distributed to those entitled thereto; claiming, however, that a certain clause in the will is void and that she is entitled to the entire estate.

The clause sought to be invalidated is the one marked “Thirdly,” concerning which the petitioner avers that she is advised and believes that the limitation over in favor of Johan Nelson, John Leale, and the nephews and nieces of testator, is void, and that she is entitled to have distributed to herself, absolutely and without condition, limitation, or reservation, the whole of the estate of said decedent.

The application of the widow executrix is opposed by Johan Nelson and the nephews and nieces of testator on the ground that said limitation is in law and estate for life to the widow…