Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-13

titled in the Second Judicial District
Court against the defendant individ-
uailv, 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:
little of the Estate).
Whereas, Charles Kaiser. 2 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 rur-
ports to be his last viii and testament:
and whereas, Mrs Emma Kaiser, WI
dow OF said Charles Kaiser. did "a
the oath day Of October, 1901. f.e her
petition in said court, praying for the
probate OF said document as the last
Will and testament Of said Charles K5i-
ser, deceased, and that she be appoint
ed eXecutrix thereof as provided ~
said document; and whereas, Mrs.
Mary Kent daughter Of said Charles
Kaiser, deceased. residing in Church
Ill county, Nevada. and Mrs Lille Es-
gen, daughter OF said deceased, resid-
ing at Wadsworth, Washga county Ne
Vada, has contem plated the film f
objections to the probate Of said w.
and whereas, it may be a question ,,F
uncertainty and litigation in The set.
tlement of said estate. as tn how, n,,,oi,.
Oh the property of said deceased vas
S52dlate or community property and
"hether or not said will is tho last Iii
and testament Of said deeaaeod -.
fully executed 10 W.
~ w ,.I -
ion of the premises and for the mr.
pose OF making an amicable settle
ihei' am PUNISHMENT 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 precuding litigation be
tween the parties hereto respecting
the probate of said will and the Gtstfi-
ME 'Si1 na,; TO- ''0' AGREE
e and entered into this 5tb
os'' =. November, 1901. bv and be-
tween Mrs. Emma Kaiser, widow of
said Charles Kaiser. decease ami
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 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-
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. aud
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 to
the parties named in the said will as
the legatees and distributes thereof
according to their respective shares as
therein stated. all and singular their
right, title and claim Of. in or to the
property and estate Of said Charles
Kaiser, deceased. Of every kind and
character. and wheresoever situated
a. being community property.
Third: It is mutually covenanted
promised and agreed by all the par
ties hereto, that all the property and
estate Of said Charles Kaiser. deceas
ed, except the homestead hereinafter
mentioned, is the separate property OF
said Charles Kaiser. deceased ami III
said estate. and that the same and the
whole thereof shall be inventoried. re
turned and distributed as the sole and
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 and
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, execm
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
rs heirs and legatees of said Charles
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 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 8 to say, tina
there shall be set over and distributes
to said Mrs. Emma Kaiser, one-hai
thereof, to said Mrs. Mary Kent. one
eighth thereof. to said Mrs. Lille Ell
den, one-eigth thereof, to said Charlie
Kaiser, one-eighth thereof, and to Mr.
o;~