Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-12
SUPREME COURT DECISION
IN THE SUPREME COURT OF TIE
STATE OF NEVADA.
Cheney, Massey & Smith.
Attorneys for Plaintiff.
Curler E. KING,
Attorneys for Defendant,

attorneys yer Plaintiff.
Curler & King,
Attorneys for Defendant.
This IS an appeal from an order sus-
tanning demurrer to a 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, tho following agreement was
made alc entered into ct Reno. New
ada, between plaintiff and defender:
title of the Estate)
"Whe as, 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 On
the oath day of October, 1901. file her
petition in said court, praying for the
probate of said document rs the last
will and testament of said Charles Kali
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
Kaiser, deceased. residing in Church
i'll 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. it may be a question Of
uncertainty and litigation in the set
tlement 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 of said deceased law
fully executed
NOW, THEREFORE,. in considerat-
ion OF the premises and for the pur-
pose OF making an amicabfe 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, bv and be
tween Mrs. Emma Kaiser. widow of
said Charles Kaiser. deceased ami
Chas. Kaiser. son CT said deceased
BON 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 aforesaid and the faithful
performance of the covenants, prom, )
es and agreements by the respective
parties hereto. made and entered into
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, and
heretofore filed in said court and
cause, as the last will and testament
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 tc
the parties named in the said will rs
the legatees and distributes thereof
according to their respective shares as
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 ant
character, and wheresoever situated
as being community property.
Third: 1t is mutually covenanted
promised and agreed by all the par
ties hereto, that all the property anf
estate of said Charles Kaiser. deceas
ed, except the Homestead hereipa ftel
mentioned, is the separate Dr0Dertv r
said Charles Kaiser, decelSei ard al
said estate. and that the same and tn.
whole thereof shall be inventoried, re
turned and distributed as the sole ant
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 ant
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, execu
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 Charla>
Kaiser deceased. under anu oy w.t.
OF said last will and testament and d.
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 will
and not otherwise; that to say tina
there shall be set over and distributes
to said Mrs. Emma Kaiser, one-hal
thereof to said Mrs Mary Kent one