Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-22

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 Charle IS
Kaiser. deceased. residing in Church
ill county, Nevada, and Mrs Lille Es-
den, daughter of said deceased. resid-
ing at WadswOrth, Washoe county, Ne
vada has contemplated the filing of
objections to the probate of said viii.
and whereas, il may be a question If
uncertainty and litigation in the set
Element Of 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 CT said deceased law
fully executed.
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 precluding litigation be-
tween the parties hereto respecting
the probate of said will and the distri-
button of said estate. THIS AGREE
MENT. made and entered into this 5th
day of November, 1901, by and be-
t"eer Nc. Emma Kaiser. widow of
i'd Us Kaiser. deceased and
Chas Kaiser, son Of said deceased,
ootn residing at Reno, Nevada, the pa :
ties of the first part and the said Mrs.
Mary Kent. and the said Mrs. Lille
Esden. the parties of the eScond part,
WITNESSETH:
That, for and in consideration of the
purposes afOreSai' the faithful
~ ance of the MS, prom3.
es and agreements by the Respective
it is MUTUALLY covenanted, promis
ed and agreed as follows:
First: That said parties of the SEE
ond 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, aud
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 us
the last will and testament of Charles
Kaiser, deceased. and that said Mrs
Emma Kaiser be appointed executriz
thereof.
Second: That the said parties of thu
first part do hereby remise, release
and quit claim unto the said estate
Of Charles Kaiser deceased. and t.
the parties named in the said will a
the legatees and distributes thereof
according to their respective shares q:
therein stated. all and singular then
right, title and claim Of in or to the
property and estate of said Charlie:
Kaiser. deceased. Of every kind an;
character, and wheresOever situated
as being community property.
Third: It is mutually covenanted
promised and agreed by all the par
ties hereto, that all the property anG
estate of said Charles Kaiser, deceas
ed, except the homestead hereinafter
mentioned. is the separate property o
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.
(The fourth and fifth sections pro
vide for the setting apart of the home
stead, the release of commissions and
the REIMBURSEMENT of any claim for
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 winch they now do or heredf-
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 do
mutually covenant and agree that all
and singular. the property and estate
of said Charles Kaiser. deceased. ex
cept said homestead. of whatever kind
and character. wherever situated. BE-
administered, settled and distributed
under and in accordance with said will
and not otherwise; that to say, tha'
there shall be set over and distributed
to- said Mrs. Emma Kaiser, one-ha
thereof, to said Mrs. Mary Kent. one
eighth thereof, to said Mrs. Lille Els
den, one-eigth thereof, to said Charlie!
naiser, One-eighth thereof and to Mrs