Estate of Kearney

This appeal is from a decree of partial distribution, and is brought here on what is termed the judgment-roll without a bill of exceptions. In such case all presumptions are in favor of the regularity of the judgment and decree of the trial court. The record contains the will of deceased filed in the clerk's office in May, 1906. By its provisions the entire estate is left to the Regents of the University of California, a corporation. It is further provided therein that the deceased did not desire that any portion of his estate should go to his heirs, if any heirs should survive him; and that in case, by reason of the provisions of section 1313 of the Civil Code or otherwise, all of his property could not be distributed to the Regents of the University, then all such residue to be given to W. H. Crocker and other parties named in the will, and appellant was not one of such parties. In November, 1906, the petition for partial distribution to the said Regents of the University was filed. An order was duly made, designating a time and place for hearing said petition, and the clerk of the court gave notice to all persons interested to appear at said time and place so designated and…