Davis v. Hinckley

Citations

• 110 Cal. 231
• 42 P. 643
• 1895 Cal. LEXIS 1047

Syllabus

<p>Estates of Deceased Persons—Determination of Heirship—Proceeding in Rem—Construction of Code.—It seems that the proceeding and decree provided for in section 1664 of the Code of Civil Procedure were intended by the legislature to be in rem, and conclusive against all persons, and the unquestioned basis for the decree of distribution which was to follow.</p> <p>Id,—Decree of Distribution—Contest by Claimant—Admissibility of Proceedings to Determine Heirship.—Where an heir who has instituted prior proceedings under section 1664 of the Code of Civil Procedure petitions for a subsequent distribution of the property, and sets forth the proceedings as a basis for the decree, if a claimant who did not appear, and was not named in such proceedings, appears and contests the distribution, and joins issue upon the fact of such proceedings, the proceedings are admissible in evidence under the issues, in proof of the averments denied by the contesting claimant, without regard to the question of their conclusiveness.</p> <p>Id.—Kinship of Claimant—Conclusiveness of Finding.—Where the finding of the superior court is against the kinship of the contesting claimant to the decedent, and to the effect that she has no interest in , the estate, and the testimony in favor of the claimant is of an exceedingly slight and flimsy character, the conclusion of the trial judge will not be disturbed upon appeal, but it will be considered that she has no interest in the estate, and is not concerned with its distribution.</p>