Smith v. Morgan

Harrison, J. The administrator with the will annexed of the above estate presented to the superior court a petition for the distribution of the estate, alleging therein that the residue thereof was bequeathed by the decedent to her husband, Thomas Stratton. This distribution was contested by the respondent herein, and, upon the hearing of the application, the court distributed the residue in the hands of the administrator to him. We are of the opinion, however, that upon a proper construction of the will, the testatrix intended that her husband should be the residuary legatee of her estate.

The will is an olographic one, and the following is a copy thereof:

“ California Watsonville Sata Cruz Co ) “ March 8th 1893 )

“ I, Mrs Georgiana Hanham Stratton

“ My last will, is, Within Two monnths of my death I give to my Stept daghter Mrs Mary Ellen Hanham Smith now reside in Stockton Cal.

“My Largest Feather Bead Boilster and one Pair of the Best small Feather Pillows Her Uncle Thomas Han-ham Picture and also mine Mrs. G. H. Stratton

[517]“ Her daughter Mrs. L B. Weaver—a How reside in Stockton white shall Black Lace mantell and my Casmere Shall—

“To Miss Estella

“ Estella Smith now reside in Stockton my Rings— and other little Jewlerey

“ To Thomas Smith wife two white rappers

“ To Albert Smith wife two white rappers

“The affore said Mrs Mary Ellen Hanham Smith all my Clothes I should have at my death

“To Eugene F. Smith my Large Meeror He has been agood young man to Us

“ My wallnut Bead Room seat with wool Mattress and Spring Bead with Large pillows and a Squarter walnut Beadstead with Spring Bead wool Mattress and Large Pillows

“ I reserve the right to sell any arclel if we need the money

“ Common Beadsteads with Feather Bead and all the rest of the Furniture and all Money in what Ever Shape he will have full controle after all Expenses is Paid of my sickness and death