In Re Estate of Palomares

MELVIN, J.

Appellant, Francisca Palomares de Alvarado, petitioned for letters of administration in the estate of Francisco Palomares, deceased, alleging that he had died in 1882, leaving estate in the county of Los Angeles, and that she was an illegitimate child of said Francisco Palomares, adopted by him in compliance with the provisions of section 230 of the Civil Code. The petition was dated March 9, 1917. Porfirio R. Palomares, a son of Francisco, filed opposition to the appointment of petitioner, denying the aver

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ments regarding her paternity and adoption, and alleging that by probate proceedings instituted shortly after his father’s death all of the property of the estate, amounting to less than one thousand five hundred dollars, had been assigned to the minor children whose right to it had been unquestioned for many years. There was also a request from certain persons, as heirs of Francisco Palomares, deceased, that Porfirio Palomares be appointed administrator of the estate. All of the matters of dispute between the contesting claimants were duly tried and the court found that Francisca Palomares de Alvarado was not a child of Francisco Palomares and not a party in interest; that Porfirio was a child and a party in interest; but that there was no property in the estate. Accordingly both petitions for letters of administration were denied. From that order Francisca Palomares de Alvarado has appealed.

Mrs. Alvarado testified that she was born in 1862 in San Jose, now known as Pomona. She introduced in evidence a certified copy of an entry in the baptismal register of the Catholic church at San Bernardino reciting that on the seventh day of January, 1862, Francisca, daughter of Francisco Palomares and Tonsoja Valdez had been baptized and that Luis Palomares and Josefa Palomares were the sponsors. She further stated that she did not remember meeting Francisco Palomares until she was eight or nine years old. She ■said that she knew of Mr. Palomares sending money on several occasions to aid in her education; that he had given her various small sums and had called her “daughter.” At that time Mr. Palomares had married and the mother of Francisca had become the wife of Mr. Ruiz. Mrs. Alvarado testified' that she never visited the house of the Palomares family after the marriage of Mr. Palomares, and that she had no recollection of ever being at the home of his parents, where, as shown by the testimony of other witnesses, he .lived prior to his marriage. She stated that she had always been known by the name of Francisca Palomares until she married Mr. Alvarado. During the years when she was attending school she lived with her mother and her stepfather. She also told of an occasion when Mr, Palomares introduced her as his daughter to a Mr. Soto. Jesus Rivera testified that Francisco Palomares acknowledged Francisca as his daughter, and on several occasions sent small sums of money for