Estate of Paterson

This is an appeal from the judgment and decree of the superior court establishing heirship in a proceeding under section 1080 of the Probate Code in the estate of Frank Paterson. The court found the only surviving heirs at law and next of kin of Paterson to be Rosina Luise Loder née Dick, Marie Elise Pauli née Dick, and Rosina Ponte née Dick. These respondents are admittedly related to Paterson on his mother’s side in the fifth degree. The appellants, Norman N. Blakely, Samuel Blakely and Margaret Daly, are admittedly related to Paterson on his father’s side in the eighth degree. The trial court found against another claimant—one Fritz Weyeneth-Marolf—and he has not appealed. It is the theory of appellants that, although they are admittedly further removed in relationship from the decedent than are respondents, they are Paterson’s lawful next of kin for the reason that respondents are descendants of an illegitimate grandmother, Anna Maria "Weyeneth. It is contended that an illegitimate ancestor cannot act as a conduit for purposes of inheritance under the laws of this state.

The trial court, in dealing with the claims of respondents and appellants, made no express finding as to…