In re the Estate of Barter

Foote, C. — This is an appeal from a decree of distribution under the will of John Barter, deceased. The findings are as follows: “1. That on the fourth day of June, 1887, the said deceased, John Barter, made, published, and declared his last will and testament in manner following: —

‘“In the name of God, amen, I, John Barter, of the county of Humboldt, state of California, of the age of seventy-two years, and being of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person whatever, do make, publish, and declare this my last will and testament, in manner following, that is to say: First, I give, devise, and bequeath to my son Howard Barter, a resident of Humboldt County, state of California, all my property, real, personal, and mixed, whether in possession or expectancy, whereof I shall die possessed, or to which I may be entitled. I have other children, — a daughter and a son, — but it is not my wish or desire to leave anything to them or either of them. Lastly, I nominate and appoint 0. II. Spring the executor of this my last will and testament, and hereby revoke all former wills by me made. In witness whereof, I have hereunto set my hand and seal this fourth day of June, one thousand eight hundred and eighty-seven.

“‘John Barter. [Seal.]’

Which said will was thereafter duly admitted to probate by this court; that said executor named in said will [443]duly qualified and entered upon liis duties as such executor, and thereafter such proceedings were had in the settlement of said estate that, on the nineteenth day of July, 1889, the said executor filed in this court his final account and petition for the distribution of said estate to Howard Barter, named in said will as sole residuary legatee. 2. At the execution of said will the said John Barter, deceased, had three living adult children, his heirs at law, to wit, John T. Barter, Dora C. Seidell (wife of L. A. Seidell, and mother of said contestants), and Howard Barter. 3. That the contestants, E. H. Seidell and L. A. Seidell, Jr., are the minor children of the said Dora C. Seidell. 4. That Dora C. Seidell died intestate on the eighth day of May, 1888, leaving her surviving her two said children, the said contestants. 5. That the said John Barter, deceased, died on the first day of January, 1889, not having revoked the will set forth in finding Ho. 1. 6. That L. A. Seidell was by this court duly appointed general guardian of the said contestants prior to August 8, 1889, and duly qualified as such general guardian. Conclusions of law: That Howard Barter, named in said will as sole residuary legatee, is entitled to a decree distributing to him the whole of the residue of said estate to the exclusion of said contestants. Let a decree be entered accordingly.”