Estate of Sullivan

SLOANE, J.

The appeal in this matter is from a decree of the superior court of Marin County denying distribution of the estate of decedent to appellants.

The appellants claim as heirs at law and next of kin of decedent. The only question presented is as to the sufficiency of the evidence introduced on the hearing to establish such heirship.

The claimants are Dennis Sullivan, Annie Sullivan Glennon, alleged brother and sister of decedent, and three children of Mary Ann O’Brien, alleged to be a deceased sister of decedent.

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It is not disputed that the establishment of this relationship would entitle the appellants to this estate as next of kin to the decedent.

The court held the evidence insufficient, denied the claim of appellants, and there being no other claimants, distributed the estate to the state of California, under the provisions of section 1269 of the Code of Civil Procedure.

There was no conflict in the evidence as given in testimony, and if accepted as true we are satisfied it was sufficient to establish the heirship as claimed.

John Sullivan, the decedent, lived for many years in California, first in San Francisco, and latterly at Novato, Marin county. He died August 3, 1920. All that is disclosed as to his early history and family is gleaned from the testimony of several of his neighbors in Marin County, who testified as to statements made by the decedent on various occasions as to his boyhood and family relations.

His own story of his boyhood and family, repeated in substantially the same way to the sevéral witnesses, is that he was born and lived as a small boy at Bandón, county Cork, Ireland. The witnesses did not learn from him his father’s name, but he gave his mother’s name as Ellen. The family came to the United States when he was quite young and landed in Boston. That he had a brother named Dennis and two sisters, one named Annie and the other named Mary. That he learned the painter’s trade in Boston. That when about sixteen years of age or thereabouts he enlisted in the United States navy, and that after a few months’ service there he was released from the service, his father having “bought him out,” as he expressed it. That soon after he ran away, working his way overland to California, where he had lived ever since. That he had not communicated with his family for about fifty years. That he was related to the pugilist, John L. Sullivan.