Estate of Clifford

THOMPSON, J.

The administratrix with the will annexed of the Estate of George B. Clifford, deceased, has appealed from an order directing partial distribution of a legacy of $1,000 to the assignee thereof.

George B. Clifford died testate in Napa County June 22, 1919. By the terms of his will a legacy of $1,000 was bequeathed to Sadie L. Morris. The will Vas admitted to probate in August, 1919. Letters of administration with, the will annexed were issued to Gladys Vice, the appellant herein.

In August, 1918, George B. Clifford executed to Sadie L. Morris a deed of conveyance to a house and lot in Napa. The deed was placed in escrow to be delivered to the grantee upon the death of the grantor. After the death of Clifford the deed was delivered and recorded. For a period of time thereafter Miss Morris occupied or rented the premises. Sub

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sequently the representatives of the estate of Clifford brought suit against Morris to set aside the deed to the Napa property on the ground that it was void for lack of consideration and because the grantor was of unsound mind at the time of its execution. In that suit the court found the deed to be invalid and quieted title to the lot in the estate of Clifford. Miss Morris was then dispossessed. In 1926 the estate brought suit against Sadie L. Morris to recover rent for the Napa premises in the sum of $1444.20 alleged to have been due from her for the period of time she held possession of the property. In 1934 the suit was dismissed for lack of prosecution.

In May, 1921, for a valuable consideration, Sadie L. Morris assigned her $1,000 legacy in the Clifford estate to E. E. Keyes. A copy of that assignment was filed in the estate November 16, 1923. In August, 1935, the assignee petitioned the probate court for partial distribution of that legacy. Objections to the petition were filed by the administratrix, alleging that Sadie L. Morris was indebted to the estate for rent of the Napa property in the sum of $1444.20. Upon the hearing of that petition the court found that all taxes of the estate had been paid; that the estate was little indebted and that “the share of the petitioner asked for may be allowed to him without loss to creditors of the estate, and that no injury can result to the estate therefrom”. Thereupon the court directed partial distribution to the assignee of the $1,000 legacy together with accrued interest thereon. From that order the administratrix has appealed.