In re Estate of Ross

"Thirdly, I give and bequeath to my two sons, Joseph L. Ross and John M. Ross, the sum of ten dollars each, and no other part or portion of my estate.”

He specifically devised a house and lot to a stepdaughter, Harriet C. Babson, and the remainder of his estate to his two daughters, Mrs. Hallet and Mrs. Frear, making the latter, together with the husband of the former, his executors. Hal-let subsequently pending administration died, leaving Mrs. Frear sole executrix.

Testator was a widower aged about seventy-six years when he died. On October 7, 1899, the executrix filed her petition for distribution of the estate, according to the terms of the testament, alleging performance of her duties, and reciting that decedent left him surviving two daughters, namely, Mrs. Mary E. Hallet and Mrs. Meda F. Frear, both over the age of twenty-one years and residents of San Francisco, and "that Joseph L. Ross and John M. Ross, the two sons of decedent named in his will, have not been heard of for more than ten (10) years last past, and are believed to be dead.” In her final report as executrix she states that "by the will of decedent ten dollars is bequeathed to each of the two sons of…