In Re Brown's Estate

The facts in this case have been stipulated and are as follows: Thomas Brown, being one of a family which originally included 9 brothers and sisters, died on December 31, 1946, leaving a last will and testament executed on December 18, 1940, which has been duly admitted to probate by the probate court for the county of Oakland. Mrs. Sarah Fitsimmons, a sister of decedent and one of the persons named in the residuary clause of decedent's will, died on April 2, 1943, leaving no issue. Prior to 1940, 6 of testator's brothers and sisters had died. Five of these brothers and sisters left issue…