Estate of Meister

WILSON, J.

In the first and final account and petition for distribution the administrator of the estate of decedent alleged that appellant, Julius Meister, was the surviving husband and the only heir at law of decedent and petitioned for an order for distribution of the entire estate to him. Contestants (respondents) filed an opposition to the account and petition alleging that they were respectively the surviving sister, three brothers, a nephew and a niece of decedent, and prayed that the shares of the estate to which they were legally entitled be distributed to them. After a trial of the issues raised by the opposition the court found (1) that appellant is the surviving husband of decedent, Mary Meister; (2) that decedent was the daughter of Gertrude Morales and Miguel Morales and that both had predeceased her; (3) that there were also born to said Gertrude Morales and Miguel Morales the following named children: Lucy, Mike, George, Nick and Katherine who were brothers and sisters of decedent; (4) that Lucy is married and is now named Lucy Wells; (5) that Katherine died prior to the death of decedent and left a son, George Pacheco, and a daughter, Percilla Encinas, two of the contestants. A decree was entered determining the heirship

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in accord with the findings and ordering the estate distributed as follows: One half to the surviving husband, one tenth each to the surviving brothers and sister, and one twentieth each to the nephew and niece. From the decree determining heir-ship and ordering distribution the surviving husband has appealed.

The only ground of appeal is that the evidence is insufficient to sustain the findings (1) that Gertrude and Miguel Morales were the parents of decedent, and (2) that the persons named in the findings as decedent’s brothers, sister, niece and nephew were such in fact. The absence of any foundation for the appeal and its lack of merit will appear from an examination of the evidence.

Lucy Morales Wells, one of the contestants and respondents, testified that Miguel and Gertrude were her father and mother; that Mike, George, Nick, Katie [Katherine] and Mary were her brothers and sisters; that all were children of Miguel and Gertrude; that Katie was also known as Lorenza; that Mary was the deceased wife of Julius Meister, appellant; that she (the witness) lived “with the family and'those brothers and sisters” in Ventura; that from 1906 to 1922 she lived with Mary (decedent) during which time the latter was married to Sacramento Duarte; that she left home when she was eight years of age. The cross-examination developed no contradictions of her direct testimony. The fact that she did not know who supported her family or whether her father was married more than once is immaterial. Her lack of knowledge is no doubt due to the fact that she left home at an early age and resided in Los Angeles County with her sister while the family continued to live in Ventura.