Estate of Krey

This is an appeal from a decree determining interest in the estate of the above named deceased, by which decree it is ordered that Herbert Krey et al., heirs of Theodore P. Krey, the above named deceased, succeed to a one-half interest in the estate, and that Jean E. Galvas et al., heirs of Emily C. Krey, the predeceased wife of said Theodore F. Krey, succeed to a one-half interest in said estate. The cause comes to us on an engrossed settled statement in lieu of both a reporter’s transcript and a clerk’s transcript. (Rule 7(b), Rules on Appeal.) The heirs of Theodore appeal.

In general substance, the facts are that Theodore F. Krey died, intestate, leaving neither issue, spouse, nor parents surviving, on or about March 9, 1958, in San Diego County, California, and had been a continuous resident of California since 1924. Said Theodore F. Krey was predeceased by his spouse, Emily C. Krey, in October, 1954. Theodore F. Krey and Emily C. Krey had been husband and wife continuously for more than 50 years, residing together during the entire marriage relation. Theodore F. Krey did not remarry after the death of Emily C. Krey. There was no issue born of their marriage. Emily C. Krey…