Collins

The appellant brought suit to determine and quiet his title to a group of vacant lots in Phoenix, Ariz. From a judgment of dismissal this appeal was taken.

Some jurisdictional difficulties are presented in respect of the value of the property in controversy. The parties have stipulated that the bill of complaint may be considered as amended to allege the jurisdictional minimum. With such amendment and the admissions in the answer, the record appears to be sufficient on this point, more especially since the question was not raised by the respondent either here or in the court below.

The case was submitted to the trial court on the complaint, the answer, the answers to interrogatories propounded to the respondent, and some exhibits consisting of probate records and a letter. These disclose substantially the following facts:

Julia A. Lount died in 1907 leaving as her sole heirs at law a son, William B. Lount, and a daughter, Hattie L. Mosher, who is the respondent here. Two years prior to her death she had made a will.

In the opening paragraph of the will the testatrix directed the payment of her debts and funeral expenses and devised to respondent certain real property with…