78 Cal. 586 | Cal. | 1889
— Hannah G. Ingram died intestate, and left surviving her John W. Ingram, her husband, but left no issue, and no surviving father or mother, brother or sister. There were living, however, at the time of her death certain children and grandchildren of a deceased sister, who are the appellants herein. A decree of distribution was. rendered May 10, 1888, in the court below, by which one half of the estate was distributed to the said surviving husband (or rather to his assignee Kowalsky) and the other half to the said children of the deceased sister. Afterward, upon due notice and hearing, on July 18,1888, the decree was amended so as to distribute the whole of the estate to the said assignee of said surviving husband. From this amendment of th.e decree the appeal herein is taken.
It is entirely beyond doubt that the whole of the estate should have been distributed to the surviving husband. Paragraph 5 of section 1386 of the Civil Code is too clear to present, any difficulty of construction whatever. It is as follows: “If the decedent leave a surviving
2. We think the court had power to modify the decree upon the ground stated in the motion to amend, and that the power was properly exercised.
The judgment of the court below is affirmed.
Thornton, J., and Sharpstein, J., concurred.