The record-union., 1897-07-03
THE MARCO MAMA ESTATE.
HOW JUDGE JOHNSON DIRECTS
IT'S DISTRIBUTION.
Legacies Intended for Churches
Set Aside to Two Of His
Relatives.

Judge johnson yesterday rendered ms
decision on the application for the dis
tribution of the estate of Marco Mama
deceased, which upsets some OF the cal
cuIations Of the teStator at the time
he made the will.
After disposing of the questions re-
lating to the portions of the estate from
which the debts, etc, should be palo'
the court takes up the matter OF the
death of Tonina Grubesich, deceased s
sister. which occurred subsequent to the
execution of the will and prior TO the
death of the testator. 1t was contend
ed by another sister that the bequest
to Tonina Grubesich did not extend TO
her four children, but Judge Johnson
holds that it does.
Maina's will provided for the dlstrl-
button of $4,000 equally between the
Catholic Church of Sacramento" and
st. Joseph's Convent, but these be-
quests the court declares to be void, as
also one of ZOO to 'the Catholic
Church of Budua, Austria" and $500
TO the Greek Church of that place.
''There is no evidence before me"
saws the court. that the two churches
in Austria have any existence whatever,
cause of uncertainty.
The legacy to "the Catholic Church
of Sacramento is declared void be-
cause there are two such churches'
whereas there was but one when the
will was executed. Donations of this
kind must specify" says the court,
where the church is unincorporated,
some particular person as a donee-
4lar ord IF G.
tees, or to the members thereof-that
is, to some one that is definite and GER
tain
AS to the legacy of $1,000 to st. Jo-
sephs Convent, the court finds 1t Vold
because there is no such corporation.
There is a convent in Sacramento by
that name" Judge Johnson says. II
is conducted by a society of the Sisters
of Mercy, but unfortunately they nave
incorporated themselves under an en-
tirely different name-the Sisters of Mer-
cy of Sacramento. There is nothing IN
thewill by which we can infer that they
were intended by the testator. The
bequest must fall for the same rea-
sons that apply to the churches.
The court decides, therefore, that
whatever is left of the proceeds OF
the property at Third and streets
must go to the sister and Sister-in-laW
of the deceased, share and share alike
The decision concludes: "The I-street
property should go to Mary Rippon ana
Jennie Souther, as indicated by the WILL
They will be entitled to the rents from
the date of testator's death, the prop
erty, however, TO bear the burden or
taxes, assessments. repairs, and insur-
anoe from that time.
1.-The property designated in this opin-
ION as the Third and street property
should go-an undivided one-half to
Angeline Manicovich, an undivided one
half to the children of Tonina CRUDE
sich, together with the rents from testa-
tors death, subject, however, to the
sums paid for taxes, assessments, re-
pairs and insurance on it.
1.-THE personal property In the mouse
lust mentioned should go to the said
Angeline Manicovich.
There being no general assets to pe
distributed, whatever remains from the
proceeds of the sale of the Third and
] street property must go to Catherine
Pierotich and Erema Mama in equal
shares"