In Re Estate of Miller

James W. Miller died testate. The inventory and appraisement showed the value of his estate to be less than one thousand five hundred dollars. His widow applied to the court for an order and decree vesting the whole estate in her, under the provisions of section 1469 of the Code of Civil Procedure. Her application was contested by a legatee under the will, appellant herein. The will was offered in evidence upon the hearing. It contained the following declaration: “As my said wife Jennie W. Miller has refused and neglected to live with me as a wife for several years last past and has totally…