Estate of Avila

This is a proceeding to interpret the provisions of a will reading: ‘‘ Third: I hereby give, devise and bequeath unto my sister, Maria F. Souza, of San Leandro, California, my house, lot and improvements, located at No. 156 Estabrook Street, in the said City of San Leandro. . . .”

The controversy arises because the testatrix had erected a small cottage for her own use in the rear of the lot and, since appellant is the residuary legatee under the will, she contends that this cottage should go to her as property not specifically devised. The trial court after a full hearing as to the supposed…