William Hill Co. v. Lawler

Harrison, J. Patrick Lawler died September 9,1887, leaving him surviving a widow and certain children, and also leaving a last will and testament, which was admitted to probate by the superior court of Sonoma county October 25, 1887. In his will he appointed his widow, Bridget, and his son, Patrick, executors thereof and declared that his entire estate was community property, and recognized and confirmed the right of his surviving widow to one-half thereof, and gave the remaining half to his two sons, James and Patrick. December 21, [361188]7, his widow conveyed by deed of gift to her son, John, the respondent herein, “all her undivided one-half interest in a tract” containing about one hundred and forty-four acres of land, a portion of the estate of her deceased husband. May 20, 1889, the executors presented to the superior court for settlement the final report and account of tlieir administration of said estate, and at the same time a petition for the final distribution of the estate was presented to the court. The court appointed June 18th as a day for the hearing thereof, of which proper notice was given, and, on said day, made its order settling the account and distributing the estate. In the decree of distribution the tract of land that had been conveyed by Bridget to the respondent was distributed to Patrick and James, and other portions of the estate were distributed in severalty to Bridget, while some portion of the estate was distributed in undivided interests to the three. The plaintiff herein, having succeeded to the interest of James and Patrick in the tract which was distributed to them as above stated, brought this action against the respondent to quiet its title thereto. The superior court rendered judgment quieting its title to the extent of an undivided half interest therein. From this judgment and an order 'denying a new trial the plaintiff has appealed, claiming that the court erred in refusing to quiet its title to the entire tract.

By filing the petition for the distribution of the estate, and giving the notice required by section 1665 of the Code of Civil Procedure, the superior court acquired jurisdiction to distribute the estate “ among the persons who by law were entitled thereto.” The “ distribution ” of an estate includes the determination of the persons who by law are entitled thereto, and also the “ proportions or parts ” to which each of these persons is entitled; and the “ parts ” of the estate so distributed may be segregated or undivided portions of the estate. It is declared in section 1666 that “ in the order or decree the court must name the persons and the proportions