Estate of Backesto

John P. Backesto died testate on March 17, 1890. In his will he gave to his wife a life interest in all his estate and provided that, after her death, the property should be sold and the proceeds equally divided among the children of certain brothers and sisters of decedent and of decedent’s wife, excepting the children of the decedent’s brother Henry, who should receive only one-half of the amount of the other children mentioned. The testator’s wife died on January 2, 1918. Thereafter this proceeding was instituted under section 1664 of the Code of Civil Procedure to determine the succession…