Estate of Axcelrod v. Pocker

This is an appeal, upon the judgment roll alone, by a surviving husband from an “Order Establishing Heirship” and denying to appellant the one-half interest in the estate of his deceased wife to which he claims that the provisions of section 70 of the Probate Code entitle him. His chief attack on the order is made upon the ground that the trial court erred in its construction of certain provisions contained in the last will and testament of the deceased wife and in its application of the above mentioned section of the Probate Code to the admitted facts. It appears to us that such attack is…