Estate of Wilson

DESMOND, P. J.

This is an appeal by Oscar Jensen and Gudmund Jensen, brothers of the late Marie Jensen Wilson, from orders in probate, overruling their objections to the petition of Andrew Wilson for distribution to himself as sole distributee, without rendering an account as administrator, of the estate of his wife, Marie Jensen Wilson; also determining that Andrew Wilson was the sole heir of Marie Jensen Wilson and ordering distribution of the property of their deceased sister to the legal representative of Andrew Wilson, who died while these proceedings were pending.

At the hearing on December 29, 1942, before a probate commissioner, who, as judge pro tempore, passed upon the matters submitted, no oral testimony was introduced, the parties stipulating- that -the deposition of Andrew Wilson, which had been taken on the 3d day of December, 1942, might be introduced in evidence. It was further stipulated as follows: “That the decedent Marie Jensen Wilson was married to Andrew Wilson aforesaid in 1925 and died in Los Angeles County, California, intestate and without issue her surviving, on February 11, 1942, and that said Andrew Wilson her.husband survived her and is now the duly appointed, qualified, and acting administrator of her estate. That both the parents of the decedent were dead at the time of the death of the decedent leaving as their sole issue in addition to the decedent, their sons and brothers of the decedent, Oscar Jensen and Gudmund Jensen sometimes otherwise called- Goodman Jensen, said sons being the objectors herein. ... in 1923 John E. Lewis and Marie N. Lewis entered into a contract with Marie E. Jensen who was then unmarried, to sell to her the real property which is a part of this estate the legal description of which is: Lot 12 in Block 10 of Vista Del Oro Tract. . . . That at the time of the making of said contract the said Andrew Wilson was a married man. That on May 18, 1927, the said John E. Lewis and Marie N. Lewis executed and delivered their grant deed to said property to ‘Marie Jensen Wilson, a married woman formerly Marie E. Jensen’ the decedent herein. . . . That on or about May 18, 1927, the said Marie Jensen Wilson decedent herein made, executed

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and delivered her grant deed conveying the said real property to one Ruth Sumner who at the same time and as part of the same transaction made, executed and delivered her grant deed conveying said real property to the said Andrew Wilson and Marie Jensen Wilson decedent herein as joint tenants. . . . That on February 2, 1934, the said Andrew Wilson made, executed and delivered his Deed of Gift conveying said property to Marie Jensen Wilson his wife, the decedent herein, . . . that, on the hearing, with the consent of the court, the case shall be submitted on said evidence and such argument of counsel as the court shall desire and permit.”