Succession of Applegate

The opinion of the Court was delivered by

Poems, J.

The facts bearing on the only point of controversy in this appeal are as follows:

The deceased had been twice married. At his death he left three minor children, issue of his first marriage, and the widow and a minor child of the second marriage.

The children of the first marriage inherited a considerable estate from their mother, consisting of her separate property and of her share in the community, which was largely solvent.

At the death of Applegate, his second wife, the widow, was appointed and qualified administratrix of his succession.

In…