The record-union., 1899-04-22
THE SOL RUNYON ESTATE.
A DECISION OF CONSIDERABLE
INTEREST.
Judge Hughes Holds That the Fam
lily Allowance Must Come
Out of the Estate.

Judge Hughes yesterday rendered
decision in the matter of the estate OF
solomon Runyon, deceased. 1t is 10
the effect that the property of the es-
tate must be resorted to for the pay
ment of the family allowance IN the
same manner as for the payment OF any
other debt of the estate. There mas
been no ruling on the point in question
since the present codes were estaplisn-
ed, though an old statute of 1898 was
practically in accord with Judge
Hughes decision. Following is
THE DECISION:
The executors of the estate of Solomon
Runyon, deceased, have filed herein
final account of their administration OF
said estate, together with petition Tor
the distribution of the estate in accord
ance with the provisions of the last
will of said deceased.
The will of said Solomon Runyon dis
posed of his property as follows:
First, except as hereinafter provid-
ed, give and devise all my estate, both
real and personal, to my daughter, Ora
Runyon.'
After making several cash requests to
SIXTH claim all the estate, both
real and personal, of which l am DOS
sessed to be my own separate property,
as it all consists of real and personal
property owned by me before my mar
riage, and of the rents, issues, profits,
interests and proceeds of said separate
estate turned into money and invest
ments in lands, farming implements,
stock and lnonrOUQrl1 MT and M r1rn ic-
sorry notes and mortgages and corporate
shares. 1 recognize, nevertheless, that
my wife has some claim by way of
community interests in some portions
of said property, the extent or value of
which interest it would be difficult to
tsegregate or determine.
For these reasons, and for the fur
ther purpose of providing for my wife
a suitable and sufficient maintenance,
l do hereby give, devise and bequeath
unto my wife Elmina Adeline the one
undivided one-half of the real estate
owned, possessed and claimed by ire,
together with the undivided one-half
of all the household furniture, farming
implements, horses, wagons, cattle ard
other farming stock situated upon and
belonging to each and every part of
said real estate, also the sum of S2D,-
o0O. This devise and bequest is made
upon the express condition that the
same be accepted and received by my
said wife in place of, and in full salts
faction of all claims and demands by
her on account of her community inter-
estS in my estate or any part thereof
II the same be not so accepted and re-
celved, then the devise and bequest
herein made to my said wife is hereby
revoked and stands for naught."
Both Mrs. f. A. Runyon. the surviv-
ing widow, and Mrs. Ora R. Buckman,
the surviving daughter of said deceased,
filed petitions for the distribution of
said estate, and from said last named
petitions it appears that on the 10th
day of June, 1898, an agreement was
made by them concerning the distribu-
tion OF the estate of said deceased.
which agreement is in the following
words:
Basis of settlement between Elmina
-Adeline Runyon, the widow, and Ora
Runyon, the daughter of Sol Runyon,
deceased, now in course of probate III
the Superior Court of Sacramento Coun-
~, State of California, to-wit:
Il. The said Elmina Adeline Runyon
ratlfies and approves the will of said
deceased as admitted to probate by said
court, subject to the conditions of this
proposed settlement and consents to the
entry of decree of said court in said
estate SO ratifying and confirming said
will
-. The said Elmina Adeline Runyon
valves and relinquishes all right and
claim to homestead as to any of the
property of said estate
3. The real property described in the
inventory on file in said estate as
swamp land survey No 271 of said
county of Sacramento, containing 1915
acres and known and designated therein
as the Home farm shall be by the
decree of final distribution to be entered
in said estate distributed and set apart
as follows:
ITO the said Elmina Adeline Runyon
the use of said Home farm for ard
during her natural life as a home and
place of residence, with the equal right
of the said Ora also to make it her
home during the life of said widow, II
she shall so elect: the net rents and
profits of said Home farm during the
life OF said widow to- be equally divided
between her and the said Ora. without
the right of either the said widow or
daughter to sell during the life of said
widow said Home farm or any inter-
est therein. except by mutual written
consent of both
To the said Ora Runyon in addition
TO the rights to said Home farm above
mentioned, the absolute fee of the whole
of said Home farm subject to the
rights OF the widow therein during tei
life. as above stated, it being the inter
ton Of the parties hereto that, upor
the death of said wodow. the said Ora
Runyon shall own said Home farm
absolutely and Internationally.
4. The said Ora Runyon in consider.
alton of the above hereby assigns to- the
said Elmina Adeline Runyon all he,
right and title in and to the following,
"(a). Note and mortgage of John NJ
Gleason and wife in favor of said de-
ceased. dated October ,, 1895, for about
S5,110, which mortgage is of record jr
the Recorders office of said county in
book TS of mortgages at page $50
Cb) Note and mortgage of JOSEPH
Wise and wife, dated November :. 1895
in favor of said deceased, and recorded
in Book 81 of Mortgages at page -
in said Recorders office. for about
$5,22S.
(c) Note and mortgage of Charlie.
e. Hansen, executed by him in favo
of the executors of said estate in and a.
renewal of his mortgage in favor o