Allmaras v. Allmaras

The questions here involved are whether the decedent omitted to provide in his will for his two sons, and if so, whether it appears from the will that such omission was intentional. On proceedings for partial distribution the probate court found affirmatively on the first question, and negatively on the second, and accordingly distributed the entire estate, appraised at approximately $3,500, to said sons.. (Prob. Code, sec. 90.) From the decree so entered the decedent’s brother, claiming to be sole devisee and legatee under the will, has appealed.

Said section 90 of the Probate Code superseded…