Estate of Piper v. People

HENSHAW, J.

Eva Agnes Piper at the time of her death was a childless widow. In the petition for distribution the administrator of the estate set forth that the estate left by the deceased was the proceeds of community property of the deceased and of her husband, A. Dana Piper, who had died before her. The petition contains no allegation touching the relatives of the deceased wife, but alleges that there was no surviving father, mother, brother, or sister of A. Dana Piper; that A. Dana Piper had one brother, who was dead, and who was the father of the petitioner and of certain other children, who had assigned to petitioner their claims upon the estate of the deceased. The petitioner asserted a right to distribution in the children of the deceased brother of A. Dana Piper, under subdivision 9 of section 1386 of the Civil Code, and prayed the court for such distribution. Issue was joined by the state of California upon all these matters, and in its answer to the petition the state affirmatively alleged that the property of the deceased, Eva Agnes Piper, was separate property, and that the decedent died intestate, leaving no husband or kindred and no heirs to take her estate or any portion thereof, under section 1386 of the Civil Code. It alleged that the state was therefore entitled to the whole of the property of deceased by escheat for the benefit of the common schools, and prayed distribution accordingly. (Civ. Code, see. 1386, subd. 10.) The court, after hearing, found “for the people of the state of California upon the.issues joined,” and directed the payment of the moneys of the estate to the treasurer of the state of California. Prom this decree Arthur L. Piper, as administrator, Arthur L. Piper, in his personal capacity, and the other children of Jerome Piper, deceased, brother of A. Dana Piper, take this appeal.

It is urged by respondent that the appellants have no standing in this court, in that they do not show themselves to be parties aggrieved, and the contention of respondent in this regard must be sustained. The only point presented by the appellants upon their appeal is, that the court had no jurisdiction to enter the decree, under the authority of

People

[608]

v.

Roach,

76 Cal. 296;