Fuller

This proceeding was brought to determine the identity of the heirs of Daniel Fuller, deceased, and the shares which each takes of certain real property under his will. Two of twenty-five persons affected have appealed from the distribution decreed by the trial court.

The decedent by paragraph 3 of his will provided:

The date of this will is not before us. Daniel died in 1905. His heirs at law were five sons and a daughter. The last survivor of these children, Frederick, died July 10, 1961. The real property involved is two quarter sections in Shasta County, excluding therefrom an undescribed portion condemned by the state.

Daniel’s six children left heirs at law living on July 10, 1961, representing several generations. These heirs are shown on a chart which we attach for convenience. [See next page.]

The petitioners are Marcus D. Fuller and Harold Hays, grandsons of the testator.

The controversy here is (1) whether the surviving widows of two of Daniel's sons (Ruth, widow of Archibald; Ethyl, widow of Frederick—the last surviving son) inherit under the will; and (2) if so, how much?

The trial court held that the two widows were “heirs of . . . said children” of Daniel…