Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-14
SUPREME COURT DECISION
IN THE SUPREME COURT OF TIE
STATE OF NEVADA.
FANNIE PAINTER, -.
Plaintiff.
VS., y
EMMA KAISER, :;
Defendant.
Cheney, Massey &. Smith.
Attorneys for Plaintiff.
CurIer 6 King,
Attorneys for Defendant.

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, the following agreement was
made and entered into at Reno. New |
ada, between plaintiff and defendant:
(Title of the Estate)
Whereas, Charles Kaiser. q resi-
dent of the town of Reno. Washoe
county. Nevada, died at San Francisco,
California on the 18th day of October,
1901, leaving N instrument which pur-
ports to be his last will and testament:
and whereas, Mrs. Emma Kaiser. wi
dow Of said Charles Kaiser, did f:n
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 Chart IS
Kaiser. deceased. residing in Church
III COuHly. ANcN dlu MI Lille
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
Element of said estate, as to how much
of the property Of said deceased was
separate or community property and
w M will ic hn loc vii
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 distr-
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
Esden. the narties of the escond part,
WITNESSETH: ..-.-. D..
That, for and in consideration of the
purposes aforesaid and the faithful
performance of the covenants, proml5-
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.
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 daie
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 eXecutriN
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 T.
the parties named in the said will Il:
the legatees and distributes thereof
according to their respective shares a!
therein stated. all and singular then
right, title and claim Of in or to the
property and estate Of said Charles
Kaiser, deceased. Of every kind an
character, and WheresOever situate,
as being community property.
Third: 1t is mutually covenanted
promised and agreed by all the par
ties hereto, that all the property am
estate of said Charles Kaiser, deceas
ed, except the homestead hnreinafte
mentioned. is the separate nrorertv "
said Charles Kaiser. deceased ant a
said estate. and that the saline and ln'
whole thereof shall be inventOried. re
turned and distributed as the sole am
separate property Of said Charles Kai
ser deceased
(I'he 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
10 for themselves, their heirs, execn
tors. administrators and assigns, re
lease and remise and forever quit
claim all their right, title, estate ant
interest which they now do or hereai
ter may have of. in or to said estate
or any part thereof, save and excep
their right, title and interest therein
as heirs and legatees of said Charlie
halsef. deceased nuder and by vlrtu
Of said last will and testament and d
mutually covenant and agree that a
and singular, the property and estat
of said Charles Kaiser, deceased. e!
cept said homestead. Of whatever kin
and character. wherever situated. h
administered, settled and distribute
under and in accordance with said wi
and not otherwise; that to say, thu
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