Estate of Brooks

THE COURT.

A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division Two. Upon further consideration we are satisfied with the disposition of the cause made by said court, and we hereby adopt the opinion of Mr. Justice Sturtevant as the opinion of this court. It reads as follows:

“The public administrator of San Francisco filed a petition asking that a purported will be admitted to probate and that he be appointed administrator with the will annexed. After due notice certain heirs appeared and filed a written opposition. To that pleading the administrator filed an answer and on the issues so made a trial was had before the trial court. It made findings of fact in favor of the public administrator and in its conclusions of law it found that the purported Avill was the last will and testament of the deceased and that the public administrator was entitled to letters of administration with the will annexed. From a judgment entered thereon two of the heirs have appealed and have brought up a bill of exceptions. The bill of exceptions shows that the only evidence introduced in the trial court consisted of a showing as to the will being in the handwriting of the deceased and evidence as to the kith and kin of the deceased and evidence identifying the beneficiaries named in the will.

“On this appeal there is but one point made. The contestants claim that the trial court erred in applying the law to the purported will and ordering it admitted to probate. The public administrator claims that the trial court made no error. A photographic copy of the purported will is contained in the transcript. It is as folloAvs:

“ ‘Sept. 12—1929

“ ‘This is my will—Elizabeth Ryan Brooks To my sister—Mrs. W L Perkins—857—

Lincoln Ave. St Paul Minesoto—I give five Shares of A. T. T. Stock—

To Miss Alice Newman 641 O’Farrall St. S. F I give five Shares of A. T. T Stock—

To Miss Elizabeth Susan OBrien 857—

Lincoln Ave St-Paul Minn—five Shares of

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