Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-05-15
SUPREME COURT DECISION

This is an appeal from an order su5-
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. 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 On
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 Charl IS
Kaiser, deceased. residing in Church
i'll county. Nevada, and Mrs. Lille Els
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
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. deceased 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, J.
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 28th day of September, 1901, and
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 ID
the parties named in the said will rs
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 said Charles
Kaiser, deceased. of every kind and
character, and wheresOever situated
as being community property.
Third: 1t is mutually coyenanted,
promised and agreed by all the par
ties hereto, that all the property and
estate of said Charles Kaiser. deceas-
ed, except the homestead hereirafter
mentioned is the separate nrcnartv IT
said Charles Kaiser, deceased am! 81
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 for
family allowance in excess of $1,000.
Sixth: That all of the parties here
TO for themselves, their heirs eXecn-
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 by virtue
of said last will and testament and do
mutually covenant and agree that all
and singular, the property and estate
of said Charles Kaiser. deceased. ex
cept 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-hat
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
uannio Painter One-eighth thereof