Estate of Jones

CRAIG, J.

This is an appeal from a final decree of distribution entered by the Superior Court of Los Angeles County in the above-entitled cause. All of the property of the estate of Anna D. Jones, deceased, ,was distributed to Anna Mabel Jones. The deceased left a will, the dispute concerning the construction of which produced this litigation. It reads as follows:

“Dated March 28, 1916

“I, Anna D. Jones of Pasadena, Los Angeles, Co. California, of the age of 60 years, and being of sound mind and memory, do declare this to be my last will and testament, as follows: I do hereby give, devise and bequeath all my estate of every name, and kind, and wheresoever the same may be situated to my sisters, Sara Jones McAdam and Emma Jones Nixon. I wish the sum of ($200.00) two hundred dollars to be taken from the estate and given to Emma

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Jones Nixon, the remainder to be shared equally between them.

“For reasons known to him Igive nothing to my brother J. Hawley Jones, Charleston, W. Va.

“My wishes in regard to him and my sister Jennie Jones, Deerfield, N. Y., my sisters will carry out as need arises. They are to give keepsakes to Nellie Patrick Jones and Anna Mabel Jones, Oakland, Minn., Selecting those most suitable.

“In the,event of the death of either sister, the survivor inherits, and on the death of the death of (sic.) the surviving sister what is left to go to my niece, Anna Mabel Jones. Should my brother J. Hawley Jones be living, and in need, she is to help him as I should.

“My funeral expenses are not to exceed $150.00.

“Anna D. Jones.”

It is the contention of appellant that although the will disinherits him, it does not make a complete disposition of the estate of the deceased, and that under the circumstances he may still claim the rights of an heir. He insists that Anna Mabel Jones is not a substitutionary legatee, and that the trial court did not so find, and it is argued that since Sara Jones McAdam and Anna Jones Nixon, sisters, of the testatrix, preceded her in death, the dispositions to them failed, and that appellant, the brother, is entitled to inherit. Respondent claims the entire estate as a substitutionary legatee, under the provisions of section 1343 of the Civil Code, which reads: