Estate of Henderson

THE COURT.

This appeal involves the question of judicial power to enforce testamentary directions as to the place and manner of burial of a decedent’s remains as against the contrary wishes of a sole surviving sister, who is the next of kin.

The facts out of which the controversy arises are as follows: The testatrix, Mrs. Katherine C. Henderson, a widow, died testate on March 12, 1921, leaving an estate in excess of the value of $390,000. She was one of several surviving children of Mr. and Mrs. F. A. Hihn, pioneer settlers of Santa Cruz. Her husband, H. 0. Henderson, and her only child, as…