Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-20
Cheney, Massey & Smith.
Attorneys for Plaintiff.
CurIer G. King.
Attorneys for Defendant.

This is an appeal from an order sus-
tanning a demurrer to a complaint en-
titled in the Second Judicial District
Court against the defendant individ-
ualiy, and not as executrix. and con
tanning the following allegations:
THAT on the 9Th day of November,
1901, the following agreement was
made and entered into at Reno. New
ada, between piaintiff and defendant:
(Title OF the Estate).
Whereas, Charles Kaiser. a resi-
dent of the town Of Reno. Washce
county, Nevada, died at San Francisco,
California on the 18th day of October,
1901. leaving an Instrument which pur-
ports to be his last viii and testament:
and whereas. Mrs Emma Kaiser, Wi
dow of said Charles Kaiser, did IN
the Gath day CT 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 II
said document; and whereas, Mrs.
Mary Kent. daughter of said Charl =
Kaiser, deceased. residing in Church
i'll county, Nevada, and Mrs. Lille Els
den, daughter Of said deceased. reSid-
ing at WadsWCTth, WashOe county. Ne
vada, has contemplated the filing OF
objections to the probate of said VIII:
and whereas, it 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 ssid 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 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. deceased and
Chas. Kaiser, son of 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
Lsden 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-
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 dale
the 2Sth day of September, 1901, and
heretofore filed in said court and
cause, rs 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 90 hereby remise, release
and quit claim unto the said estate
of Charles Kaiser deceased. and 70
the parties named in the said will as
the legatees and distributes thereof,
according to their respective shares DIS
therein stated, all and singular. their
right, title and claim Of in or to the
property and estate Of sand 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, exceDt the homestead hereina fter
mentioned, is the separate property of
said Charles Kaiser deceagol ara at
said estate. and that the same ana the
whole thereof shall be in~entor;ed re
turned ard distributed as the sole and
separate property of said Charles Kai-
ser deceased ........
cEhe fourth and fifth sections pre-
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. 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 Charles
Kaiser, deceased. under and b. virtue
of said last will and testament apd -
mutually covenant and agree that al
ard singular, the property and estate
of said Charles Kaiser, deceased. eX
ceDt 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 tina:
there shall be set over and distributed
to said Mrs. Emma Kaiser, one-ilaii
thereof, to said Mrs. Mary Kent, one
eighth thereof, to said Mrs. Lille Els
den, one-eigth thereof. to said Charles
Kaiser, one-eighth thereof, and to Mrs
annie Painter, one-eighth thereon.