In Re Estate of Hill

[287]

CHIPMAN, P. J.

This is an appeal from an order appointing respondents administrators of the estate of deceased, Isabella Hill.

It appears that Stephen Hill and Isabella Hill were married in 1865; that Stephen died intestate and without issue of the marriage, December 25, 1906, in the county of Humboldt, leaving quite a large estate therein; that his surviving wife was duly appointed administratrix of his estate J anuary 29, 1907, and died intestate and without issue December 26, 1907; that the said Isabella, as administratrix, filed her inventory and appraisement of the estate of her deceased husband on February 12, 1907, showing said estate to consist of personal and real property, of which $90,000 was reported as real estate and separate property and $13,428.61 was community property. Of this latter item $7,868.61 was personal property and $5,560 was real property. It appeared, also, that during her administration real estate had been sold to the amount of $1,160, and that $160 of personal property had been set apart to the widow; $2,400 had been paid out on account of family allowance; $927.65 for payment of claims, including funeral expenses and of last illness, and $750 for a monument to decedent.

There had been no decree of distribution and no account of any kind rendered or settled. Notice to creditors had been ordered, but it did not appear whether such notice had been given or whether the time for the presentation of claims had expired.

Stephen Hill died without father or mother, and Isabella died without father, mother, brother or sister.

The matter was heard. upon the petition of appellant, brother of Stephen Hill, deceased, and the petition of respondents, nephews of deceased, Isabella Hill.

Appellant specifies insufficiency of the evidence to justify the decision denying the petition of John Hill, in this, that Isabella Hill died, a widow, without father, mother, brother or sister, leaving as part of her estate an undivided interest in the estate of her deceased husband, and that appellant is a brother to said Stephen; that the evidence is insufficient, because petitioners McCann and Connick are nephews of