Conroy v. O'Connell

[742]

CHIPMAN, P. J.

This is an appeal by Anthony Bernard Conroy from the decree of the superior court of Siskiyou county, made and entered November 10, 1906, making final distribution of said estate.

It appears that Frank M. 0 ’Connell, respondent, as administrator of the estate of Mary Elizabeth Conroy, deceased, on October 20, 1906, filed his final account, together with a petition for the distribution of said estate. At the hearing it appeared, as shown by the decree of the court, that Bernard Conroy, to whom letters of administration were issued in said estate, died pending administration, and said Frank M. O’Con-. nell was duly appointed administrator

do bonis non;

that the sole estate belonging to decedent consisted of a house and lot in the town of Dunsmuir, being lot 5 in block 10; that Bernard Conroy was the father of Mary Elizabeth Conroy, deceased; that the mother of Mary Elizabeth had died previous to the death of the latter; that Mary Elizabeth was a single woman and died intestate, and that Bernard Conroy was her sole heir; that due notice to creditors was given by said Bernard, as such administrator, before his death, and no claims were presented against the estate of Mary Elizabeth, and no property of any Kind was received by said O’Connell, as administrator, other than $202.50 advanced by John F. Quinn to pay the costs of administration; that all taxes, state, county and municipal, together with all costs and charges against said estate of Mary Elizabeth, deceased, have been fully paid, and the estate is in condition to be closed; that Bernard Conroy, on April 21,1905, by deed granted said lot to said John F. Quinn, by virtue of which said Quinn “succeeded to the distributive right thereto of said Bernard Conroy, deceased”; that said final account “be and the same is hereby settled, allowed and approved as submitted; that the said real estate so comprising the estate of Mary Elizabeth Conroy, deceased, be and the same is hereby distributed to said John F. Quinn, as successor in interest of said Bernard Conroy, deceased.”

It does not appear from anything in the record that appellant is the son and heir of Bernard Conroy or the brother of Mary Elizabeth; there is nothing but his notice of appeal to show any relationship of appellant to either of the above-named persons. It appears from the petition for distribution that Mary Elizabeth was the daughter of Bernard Conroy;