Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-21

Curler e. King,
Attorneys for Defendant.
This is an appeal from an order sus-
tanning demurrer to complaint en-
titled in the Second Judicial District
Court against the defendant individ-
ually. and not as executrix. and con-
tanning the following allegations:
THAT on the 5th day of November,
1901, the following agreement was
made and entered into at Reno. New
ada, between plaintiff and defendant:
little of the Estate). !
Whereas, Charles Kaiser. a resi-
dent of the town of Reno. Washoe
county, Nevada, died at San Francisco,
California on the 18th day of October, .
1901, leaving an instrument which pur- .
ports to be his last will and testament; ,
and whereas. Mrs. Emma Kaiser. wi ,
dow of said Charles Kaiser, did Oh |
the oath day of October, 1901. file her
petition in said court, praying for the
probate of said document as the last
will and testament of said Charles Kai-
ser, deceased, and that she be appoint
ed executrix thereof. as provided in
said document; and whereas. Mrs.
Mary Kent. daughter of said Charl IS
hdlSSE, ucCedSSu, III CuuiC
i'll county, Nevada and Mrs Lille Es-
den, daughter of said deceased. resid-
ing at Wadsa orsh. Washoe county, Ne
vada, has contemplated the filing of
objections to the probate of said viii,
and whereas. it may be a question q
uncertainty and litigation in the set.
Element CT said estate, as to how much
of the property Of said deceased was
separate or community property and
whether or not said will is the last will
and testament of said deceased law
fully executed. T
NOW, THEREFORE,. in considerat-
ion OF the premises and for the pur-
pose of making an amicable settle
ment and adjustment of all differences
which have or may arise between the
parties hereto respecting the probate
of said will. and the distribution of
said estate, and for the purpose of pre-
venting and preciuding litigation be-
tween the parties hereto respecting
the probate of said will and the distri-
button Of said estate. THIS AGREE
MENT. made aud entered into this 9Th
day OF November, 1901, by and be-
t"ec" -". Emma Kaiser. widow of
4 Is Kaiser. deceaS ed and
Chas Kaiser. son Of said deceased.
Uo.n residing at Reno. Nevada the pa =
ties Of the first part and the said Mrs.
Mary Kent. and the said Mrs. Lille
t.sden the parties of the esc0nd part,
WITNESSETH:
That, for and in consideration of the
purposes aforesaid the faitnfu!
> ance of the at. prOmI5-
<.es and agreements by the respective
parties hereto. made and entered into
it is MUTUALLY covenanted proms-
ed and agreed as follows: pc
First: That said parties of the sec-
ono part do waive, relinquish and with
draw any and all objections, protests
or contests to the admission and pro-
bate of said document, bearing date
the 2Sth day of September, 1901, and
heretofore filed in said court and
cause, as the last will and testam ent
of said Charles Kaiser. deceased, and
do consent and agree that said docu-
ment may be admitted to probate as
the last will and testament of Charles
Kaiser. deceased. and that said Mrs.
Emma Kaiser be appointed executrix
thereof
Second That the said parties of the
first part do hereby remise, release
and Quit claim unto the said estate
of Charles Kaiser deceased. and to
the parties named in the said will rs
the legatees and distributes thereof,
according to their respective shares as
therein stated. all and singular their
right. title and claim Of in or to the
property and estate of said Charles
Kaiser, deceased. of every kind and
character, ard wheresoever situated
as being community property.
Third: 1t is mutually covenanted
promised and agreed by all the par
ties hereto, that all the property and
estate of said Charles Kaiser. deceas
ed, except the homestead hereinafte,
mentioned. is the separate oronnrty al
said Charles Kaiser, deceased and al
said estate. and that the same and the
whole thereof shall be inventOried. re
turned and distributed as the sole and
separate property of said Charles Kai
ser deceased.
Crhe fourth and fifth sections pro
vide for the setting apart of the home
stead, the release of commissions and
the REIMBURSEMENT of any claim fol
family allowance in excess of $4,000
Sixth: That all of the parties here
TO for themselves, their heirs, execn
tors, administrators and assigns, re
lease and remise and forever quit
claim all their right, title, estate and
interest which they now do or hereaf
ter may have Of, in or to said estate
or any part thereof, save and except
their right, title and interest therein
as heirs and legatees of said Charles
Kaiser. deceased. under and by virtue
of said last will and testament and dc
mutually covenant and agree that al
and singular the property and estate
of said Charles Kaiser. deceased. ex
cept said homestead, of whatever kim
and character. wherever situated. b:
administered, settled and distribute
under and in accordance with said viii
and not otherwise: that to say, tina
there shall be set over and distributes
to said Mrs. Emma Kaiser, one-h9i
thereof to said Mrs Mary Kent .One