Deacon v. Descendants of Betty Swanson

This is an appeal from an order of the probate court denying a petition to determine heirship on behalf of certain legatees named in the will of deceased.

By her will made April 17,1937, deceased provided in Paragraph Second thereof for the sale of certain property located on Nineteenth Street in the city of San Diego, and the application of the proceeds thereof to pay encumbrances and certain debts of her husband Daniel A. Deacon. The last sentence of said paragraph reads as follows:

1 ‘ If there should be a balance after the payment of the notes as set forth herein, then such balance is to be…