In Re Estate of Edwards

THE COURT.

This is an appeal from a decree of partial distribution entered by the superior court in and for the county of San Diego. The decedent, Anna Edwards, died intestate, leaving as her estate property which she had inherited from her deceased husband. From the record it appears that the decedent left surviving her certain brothers and sisters, and also certain children of a deceased brother, who were related to her in full blood. She also left surviving her certain children of a deceased half-brother, who were kindred of the half blood. The • trial court found, after hearing upon the petition for partial distribution, that the kindred of the half blood were not entitled to inherit any part of the property or estate of the decedent. Thereupon the decree of partial distribution appealed from was entered distributing to the heirs of the full blood certain property belonging to the decedent’s estate. The conclusion of the trial court was based upon its interpretation of section 1394 of the Civil Code, which reads as follows:

“Kindred of the half-blood inherit equally with those of the whole blood in the same degree, unless the inheritance come to the intestate by descent, devise, or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestors must be excluded from such inheritance. ’ ’

Upon this appeal the appellants contend that the term “ancestors” as used in that section means one who is related by blood to an heir, and that since ordinarily a wife is not related by blood to her husband, her deceased husband does not come within the meaning of the term “ancestors” as used in said section of the code. This being so, the appellants urge that the exception provided for in section 1394 of the Civil Code is without application to the instant case and that they are therefore entitled to share equally with the heirs of the whole blood. The respondents, on the other hand, contend that “as used in the statutes of descent and succession in California, an ‘ancestor’ is the person from whom property is inherited and that if a wife

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inherits property from her husband, as is admitted in this case, the husband is her statutory ancestor, and that upon the death of the wife the half-blood not related to the ancestor is wholly excluded from inheriting any part of the estate by the express terms of Civil Code section 1394.”