Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-17
SUPREME COURT DECISION
Attorneys for Defendant.

This is an appeal frCm an order sus-
tanning a 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, the following agreement was
made and entered into at Reno, New
ada, between plaintiff and defendant:
(Title 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 lest will and testament:
and whereas, Mrs. Emma Kaiser wi
dow of said Charles Kaiser did IN
the oath day Of October, 1901. file her
petition in said court, praying for the
probate of said document IS the last
will and testament Of said Charles Kai-
ser, deceased, and that she be appoint
ed executriy thereof, as provided II
said document; and whereas. Mrs.
Mary Kent, daughter Of said Charles
Kaiser deceased. residing in Church
i'll county, Nevada, and Mrs. Lille Els
den, daughter of said deceased, resid-
ing at Wadswcrth, WashOe county, Ne
vaGa, has contemplated the fling Of
objections to the probate Of said viii.
and whereas, it may be a question #
uncertainty and litigation in the set
tiement 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, THEREF 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-
tween Mrs. Emma Kaiser. widow of
said Charles Kaiser. deceas ed ami
Chas. Kaiser, son Of said deceased.
potn 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,
WITH ESSETH:
That, for and in consideration of the
purposes aforesaid and the faithful
performance of the covenants, prom,5-
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 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 tc
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, ard wheresoever situated
as being community property.
Third: 1t is mutually coyenanted
promised and agreed by all the par
ties hereto. that all the property anf
estate of said Charles Kaiser. deceas
ed. evceDt the homestead harnirnft q
mentioned, is the separate nrnnerfv .
said Charles Kaiser, deceased pa -
said estate. and thai the saline ana III,
whole thereof shall be inventoried re
turned ard distributed as the sole am
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 cOmmi ssiOns am
the REIMBURSEMENT Of any claim fO
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
lcase and remise and forever quit
claim all their right, title, estate ant
interest which they now do or hereaf
ter may have of. in or to said estate
or any part thereof, save and excep
their right, title and interest therein
rs heirs and legatees of said Charlie
Kaiser deceased. under and by virtue
Of said last will and testament and d,
mutually covenant and agree that al
and singular. the property and estat
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 vii
and not otherwise; that to say, tina
there shall be set over and distribute
to said Mrs. Emma Kaiser, one-ha
thereof to said Mrs. Mary Kent. on,
eighth thereof, to said Mrs. Lille E.
den. one-eigth thereof, to said Charlie
A>aiser, one-eighth thereof, and to Mr.