Estate of Ampusait

This is an appeal from an order vacating a decree of final distribution. The legal sufficiency of the moving papers and the evidence upon which the order is based is not challenged. The single point involved is whether certain findings as to heirship, and a decree of partial distribution based thereon, made and entered some two and a half years prior to the granting of final distribution, to which respondent, who is decedent’s daughter, was not a party and of which she had no knowledge, precluded her from asserting her right of inheritance as such daughter at the time of final distribution.

The facts leading up to the making of the order appealed from were substantially as follows: The decedent, George Ampusait, was a resident of Alameda County. He died in May, 1924, leaving an estate consisting of more than $10,000 in cash. The public administrator of that county was appointed administrator of the estate. As stated, respondent is the decedent’s daughter, and at all times herein mentioned resided in Los Angeles. Appellants are respectively the surviving brother, nieces and nephews of the decedent. In December, 1926, appellants filed an unverified petition for the partial…