Estate of Winsby

STURTEVANT, J.

The decedent died testate, leaving him surviving a widow and several children. In due time a petition for partial distribution was filed by one of his sons, Edward George. That petition was heard and determined and a decree was entered in favor of the petitioner. The widow and one daughter being dissatisfied have appealed from that decree.

The decedent had accumulated considerable property. He owned large interests in United Iron Works, a corporation operating at Oakland, Standard Iron Works, operating at San Diego, and he also owned and. operated East Bay Auto Camp, which is located on San Pablo Avenue in Oakland. Commencing as early as 1921 the decedent commenced to construct and maintain the auto camp. He owned a tract of 5.13 acres near Forty-seventh Street and San Pablo. At that time, or shortly, thereafter, he leased an irregular piece of ground on the south side of the camp. The decedent’s tract was bounded on the south by two holdings. One holding was school property and the other holding was a neck of the property so leased as above mentioned. Continuing the south line of the school property in an easterly direction, the neck so referred to makes a tract 3.07 acres. As the decedent proceeded to develop the auto camp he caused to be constructed on the three-acre tract the laundry and some of the shelters for the campers.

[616]

The entire camp is laid out in the form of a small city. East Street extends from the north side of the five-acre tract to the south side of the three-acre tract. The same may he said of West Street. Commencing at a point on San Pablo Avenue, the decedent constructed a fence along the north line of the five-acre tract extending to its westerly boundary, thence along the westerly boundary to the south side of the three-acre tract, thence to the school lot and then meandering the school lot on the west and north lines until reaching San Pablo Avenue. Without going into more detail the evidence shows the East Bay Auto Camp to be one entity and to constitute a small city. The petitioner operated the camp store located at the corner adjacent to San Pablo Avenue and the school. The store building consisted of a store on the ground floor and flats above. The decedent was the owner of the building and of the store business. From time to time the decedent issued advertisements in which the property was referred to as “The East Bay Auto Camp covers eight acres of ground and has accommodations for four hundred campers”. A similar expression was used for a sign at the entrance. The decedent was evidently very proud of the auto camp. The record discloses that he contemplated additional permanent improvements. The three-acre tract was a part of a larger tract comprising about thirteen acres. Ten acres of that tract were known as the “Circus Ground”. About one year prior to his death the decedent bought from Mrs. Campman, who was petitioner’s “Aunt Ruby” the thirteen-acre tract. He was so pleased that he went at once to the auto camp and called the petitioner to go with him out on to the grounds, saying to the petitioner, “I want you to go down on the lot. I just bought your Aunt Ruby out. So if I get kicked in the head with a mule, George, you won’t have to worry about fighting with her”. In laying out the auto camp, gas, water and electric mains were laid before the decedent purchased the additional grounds. The mains were laid on the five-acre tract and branches were extended to both the five acres and three acres. The decedent purchased trees and caused the trees to be set out on both tracts.