Estate of Woolsey

THOMPSON (R. L.), J.

This is an appeal on the part of the State of California from a decree of the probate court distributing to Delia Woolsey Perry, as sole surviving heir, the entire estate of the deceased. The State of California intervened in the proceeding for distribution under the provisions of section 1269a of the Code of Civil Procedure, claiming that the deceased died without known heirs and that the estate therefore escheated to the State. It is contended the evidence fails to support the decree.

Charles W. Woolsey, aged sixty-two years, died intestate without issue in the county of Nevada. His wife, Elizabeth Harns Woolsey, had previously died intestate. Her estate was not probated. It was conceded the estate of Charles W. Woolsey consisted solely of community property, and that one-half of the estate was properly distributed to the heirs of his predeceased wife under the provisions of sub

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division 8 of section 1386 of the Civil Code. Lila M. Champion was appointed administratrix of the estate of Charles W. Woolsey, deceased. After the debts and expenses of administration were paid, upon petition for distribution, the court found that, “Delia Woolsey Perry is the sole next of tin of Charles W. Woolsey, and is entitled to take the one-half of the community property as (surviving) representative” of the deceased. Pursuant to this finding the court distributed to Mrs. Perry the balance of the estate amounting to the sum of $6,448.84. From this decree the State of California has appealed.

The evidence in support of the finding that Delia Woolsey Perry is the sole surviving next of tin and representative of the deceased is entirely satisfactory. The evidence of her relationship to the deceased is established without substantial conflict by documentary proof. She is the only surviving child of Richard Daniel Woolsey, a predeceased first cousin of Charles W. Woolsey. From the deposition of Delia Woolsey Perry it appears that she was bom in Shopiere, Wisconsin, in 1859. She now resides in Beloit, Wisconsin. Her father’s name was Richard Daniel Woolsey. The name of her paternal grandfather was James Woolsey. He had a brother by the name of William E. Woolsey, who was born in Ireland, and who married Charlotte Ross, who was bom in Scotland. William E. and Charlotte Woolsey had two sons, named John Ross Woolsey and Charles W. Woolsey. As shown by his birth certificate John Ross Woolsey was born in Wisconsin in 1861. This certificate corroborates the fact that his father William E. Woolsey was bom in Ireland, and that his mother Charlotte Ross Woolsey was born in Scotland. John Ross Woolsey died in Nevada City, California, December 1, 1917. He had lived in California forty years prior to his death. Upon petition therefor, this deceased, Charles W. Woolsey, was appointed administrator of his brother John’s estate. In his petition for letters of administration Charles alleged that he was the surviving brother of John Ross Woolsey. Thus, we have convincing evidence, without conflict, that Charles W. and John Ross Woolsey were brothers, and that they were the sons of William E. and Charlotte Ross Woolsey, the great-uncle and great-aunt of the claimant Delia Woolsey Perry. The undisputed evidence of Delia Perry