111 P. 258 | Cal. | 1910
The deceased died intestate. The court having found that the estate was of less value than one thousand *429
five hundred dollars, entered its decree assigning all of the estate to the widow, there being no minor children. The appellant is the mother of deceased, and under the law of succession would be entitled to share in the estate equally with the widow. (Civ. Code, sec. 1386) She appeals upon the ground that section 1469 of the Code of Civil Procedure, under which distribution was made to the widow, is designed exclusively to make provision for the maintenance and support of the family of the deceased, and that it was affirmatively shown that the widow in this instance was not a member of the family, she having voluntarily separated from the deceased two years before his death and within one week after her marriage to him. Section 1469 of the Code of Civil Procedure touching this matter has received interpretation and construction in the Estate of James W. Miller, Deceased (S.F. 5332), ante, p. 420, [
Wherefore it was error to distribute to her the estate of deceased. The decree doing so is therefore reversed, with directions to the trial court to deny the widow's petition.
Lorigan, J., and Melvin, J., concurred. *430