Estate of Adsit

May 8, 1876, the will of testatrix was admitted to probate. It consisted of three separate papers, one dated April 7, 1875, a codicil dated May 10, 1875, and a second codicil dated March 21, 1876. ■ By the first paper there was devised to testatrix’s son in law, S. A. Fisher, the undivided half of a lot on Kearny street, and also all her interest in all other real estate. The first codicil provided that if she should survive Fisher the devise should go to his heirs. The second codicil read “Insert instead of Sidney A. Fisher, to my grand children, Lamon Sidney Fisher and Philip Fisher, the undivided of my said Kearny street property, and also the interest of any other real estate.”

Nov. 6, 1879, a paper was filed, which was dated March 22, 1876, which reads: “I want my son in law, Sidney A. Fisher, to have one-half my Kearny street property. I would like this done before anything is settled. He will be out of bankruptcy then. This is my last wish, will and codicil. Elizabeth Adsit. I mean instead of my grandchild children. E. A.”

Nov. 24, 1879, said S. A. Fisher filed a.petition that said instrument be admitted to probate as a codicil to and a portion of the will of…