Jones v. Denroche

KERRIGAN, J.

This is an appeal from an order made after final judgment, restoring certain lost and destroyed records.

In 1890 Simon L. Jones died, leaving a will. About a year later, the estate having been duly administered, a final decree of distribution- was made therein which, following the terms of the will, distributed certain real property to the son and sole heir of the deceased, Everitt D. J ones, for the period of his natural life, and decreed that upon his death said real property should vest in equal shares in Elsie P. Denroche, the appellant, and Sidney Lloyd J ones, children of Everitt D. Jones, “provided, however, that in case of the death of said Everitt before his wife Eugenia; she should have during her natural life and while she remained his widow, the sum of three hundred ($300) dollars per month and one-half of the income given to the children of Everitt under this will.”

Thereafter, in 1899, in an action which had been instituted by Eugenia, she was granted a final decree of divorce from Everitt, and was awarded $160 per month permanent alimony.

In March, 1907, Everitt, on his death-bed, married Bertha Grace Turner, and a few hours later died, leaving a will, which, among other things, provided that his former wife Eugenia should receive during the term of her natural life the sum of $160 per month as provided in the decree of divorce.

In the conflagration of April, 1906, in San Francisco, all the papers and records in the Estate of Simon L. Jones were destroyed. Two years later Eugenia Jones filed a petition for the restoration of that record, which petition was opposed by Elsie P. Denroche, principally upon the ground that Eugenia was not a party or person interested in the record sought to be restored within the terms of the statute relating

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to the restoration of lost or destroyed records. (Stats. 1906, p. 73.) After full hearing the trial court held with petitioner, and accordingly ordered the records and papers restored.

The appellant argues that the petitioner, having divorced her husband, has no interest in the record, and consequently it should not have been restored at her instance.