Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-18
Cheney, Massey & Smith.
Attorneys for Plaintiff.
Curler E. King,
Attorneys for Defendant.

attorneys Tor Oefe ndant.
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
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. 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 CT October, 1901. fife 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 executriZ thereof. as provided III
said document; and whereas, Mrs.
Mary Kent, daughter Of said Charl =
Kaiser, deceased. residing in Church
i'll county, Nevada, and Mrs. Lille Es-
den, daughter of said deceased, resid-
ing at WadswCrth, WashCe county, Ne
vada, has contem plated the filing of
objections to the probate of said viii
and whereas. it may be a question Of
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 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. decea sed 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
Esden, the parties of the escond part
WITNESSETH:
That, for and in consideration of the
purposes aforesaid and the faiunfu
performance of the covenants, promI5
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. ani
heretofore filed in said court an!
cause rs the last will and testament
of said Charles Kaiser. deceased, ant
do consent end agree that said docu
ment may be admitted to probate IL:
the last will and testament of Charlie
Kaiser. deceased. and that said Mrs
Emma Kaiser be appointed executri,
thereof.
Second: That the said parties Of In
first part do hereby remise, releas
and Quit claim unto the said estau
of Charles Kaiser deceased. and 7
the parties named in the said will s,
the legatees and distributes thereof
according to their respective shares a
therein stated, all and singular thel
right, title and claim Of in or to tn
property and estate of said Charlie
Kaiser, deceased. of every kind an
character, ard wheresoever situate
as being community property.
Third 1t is mutually covenante(
promised and agreed by all the pa
ties hereto, that all the property an
estate of said Charles Kaiser. decea:
ed. exceDt the HON estead hern;na fte
mentioned, is the separate prr nnrtv (
said Charles Kaiser, decessni ard 4,
said estate. and that the same and tn
whole thereof shall be inventoried. II
turned ard distributed as the sole an
separate property of said Charles Ka
ser deceased.
{The fourth and fifth sections pr,
vide for the setting apart of the home
stead, the release of commissions an
the REIMBURSEMENT Of any claim fo
family allowance in excess of $1,000
Sixth: That all of the parties here
to for themselves, their heirs, exec,
tors, administrators and assigns, +,
lease and remise and forever qui
claim all their right, title, estate an
interest which they now do or herea
ter may have of. in or to said estat
or any part thereof, save and exceI
their right, title and interest therein
as heirs and legatees of said Charlie
Kai5el, deceased. under and by virtu
of said last will and testament and d
mutually covenant and agree that a
and singular, the property and esta'
of said Charles Kaiser. deceased. e
cept said homestead. of whatever kir
and character. wherever situated.
administered, settled and distribute
under and in accordance with said w
and not otherwise; that s to say, tn
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 Z
den, one-eigth thereof, to said Charl
l>aiser, one-eighth thereof, and to Nj
annie Painter, Oneeighth thereof.