In Re Estate of Dexter

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VICTOR E. SHAW, J.,

pro

tem.

This is an appeal from an order of court admitting a certain document to probate as the last will and testament of Hester W. Dexter.

It appears that Thomas J. Dexter died intestate, leaving as the surviving widow of his second marriage, Hester W. Dexter, and a community estate, one-half of which went to said widow; hence, under the provisions of section 1386 of the ' Civil Code, contestant and her sisters, children of Thomas W. Dexter, deceased, by a former marriage, would, in the absence of testamentary disposition thereof made by Hester W. Dexter, deceased, who left no issue, be entitled thereto. The document admitted to probate as a will was as follows: “Woodland, May 9th, 1904. “I have stated to you before that I wish you to administer on my estate, when it has to be. So will put it in writing. Distributed equally among my nieces and nephews. You receive your pay besides out of the estate. “Your aunt, Mrs. H. W. Dexter, “to “Charles H. Wright.”

This writing was in the form of an addendum written upon a sheet of paper upon which Mrs. Dexter bad, on May 8, 1904, written a letter addressed, “Dear Charley and Mabel,” in which, after referring to matters of family interest and the fact that she was about to go on a visit for some length of time, she said:

' “My valuables are in a box in bank, which I enclose an order for you to get if anything happens to me while I am away. Mrs. Coil will notify you. If any .advice. Hurst & Hurst lawyers here. “Keep this all enclosed. Don’t want the Public Administrator to handle my effects, he will unless a relative in the state. “Love to both. , “Truly Hester W. Dexter.

“Hope to come and see you on my return. All is in the box except a bank book I take with me of a deposit in San Francisco Savings Union $500.”

The question for determination is, what was the intention of deceased in giving expression to the language employed in the instrument, and this should be ascertained by a considera

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