Estate of Henrichs

WILBUR, J.

This is an appeal from a decree of distribution by which the whole estate, consisting of $11,778.71 in money, was distributed to the respondents, five children of Anna Fredericksen Aston. It is conceded that the distributees were related to the decedent in the fifth degree. The court finds that they were the grandchildren of decedent’s predeceased aunt, Maria Gertrude Ahrens Frederickson. Robert Ahrens claims to be a son of a brother of said Maria Gertrude Ahrens Frederickson, and of decedent’s mother, Anna Bernardina Elisabeth Ahrens, thus being related in the fourth degree and entitled to inherit the entire property of the decedent. Both claim to be related to the decedent through his mother. Among the papers of the decedent was a certificate of the marriage of decedent’s parents, certifying that “Henrieh Gerhard Henrichs, single, born in Blexun, Oldenburg, 31 years of age, 337 Walker, tinsmith, and Bemhardine Arens, single, 30 years of age, of Neuenkirchen, Oldenburg, 337 Walker Street, were married” February 8, 1863, at the German Evangelic Lutheran St. Matheus Church on Walker Street, New York; a certificate of birth and baptism on November 15, 1863, at New York, of a son of Henrieh Ger-hard Henrichs, 287 Eleventh Street, born in Blexefi, Oldenburg, and Anna Marie Bernhardine,

nee

Arens, his wife, who was baptized on February 18, 1864, and received the name of Johann Wilhelm; and also the certificate of confirmation, showing that Johann Wilhelm Henrichs was born on November 15, 1863, and was confirmed April 14, 1878, in the Evangelic Lutheran St. Paulus Church of San Francisco. The last two certificates are of the birth and confirmation of the decedent.

In connection with appellant’s motion for a continuance certain records were presented which it was contended estab

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lished appellant’s relationship to the decedent. The record of baptisms of the Catholic Community at Nuenkirchen, Oldenburg, showed that Anna Bernardina Elisabeth Ahrens (also spelled Arens), was born on August 22d and baptized on August 24, 1831, daughter of Bernard Friedrich Ahrens (also spelled Arens), and Maria Gertrud,

née

Horstmann, shoemaker in Neuenkirchen, Oldenburg. It is claimed by appellant that Anna Bernardina Elisabeth, born August 24, 1831, is the mother of the decedent. The name is slightly different, the birthplace is the same, and the age and year different from that set forth in the marriage license and birth and confirmation certificates found among the papers of the decedent. The same record of baptisms of the 'Catholic church at Neuenkirchen ¡showed two other children of the same parents, namely, Catharina Juliana Josephina, born April 15, 1827, and Maria Gertrud Elisabeth Ahrens, born January 25, 1830. The trial court found that Maria Gertrud Ahrens Frederickson was an aunt of the deceased and the grandmother of respondents. As tending to .show that the above-named Bernard Friedrich Ahrens and his wife, Maria Gertrud,